Activities of Marion WALSMANN
Plenary speeches (14)
Combatting the sexual abuse and sexual exploitation of children (debate)
Markets in financial instruments: amending information requirements, product governance requirements and position limits to help the recovery from the COVID-19 pandemic (debate)
Addressing product safety in the single market (short presentation)
Children's Rights (debate)
2019-2020 Reports on Albania – 2019-2020 Reports on Kosovo – 2019-2020 Reports on North Macedonia – 2019-2020 Reports on Serbia (debate)
Digital future of Europe: digital single market and use of AI for European consumers (debate)
The impact of intimate partner violence and custody rights on women and children (debate)
An intellectual property action plan to support the EU’s recovery and resilience (short presentation)
Implementation of the Toy Safety Directive (debate)
Council of Europe Convention on preventing and combating violence against women and domestic violence: EU accession (continuation of debate)
General Product Safety Regulation (debate)
Accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (A9-0157/2023 - Marion Walsmann) (vote)
Geographical indication protection for craft and industrial products (debate)
Geographical indication protection for craft and industrial products (debate)
Reports (5)
REPORT on addressing product safety in the single market
REPORT on an intellectual property action plan to support the EU’s recovery and resilience
REPORT on the proposal for a regulation of the European Parliament and of the Council on geographical indication protection for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 of the European Parliament and of the Council and Council Decision (EU) 2019/1754
RECOMMENDATION on the draft Council decision amending Decision (EU) 2019/1754 on the accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications
RECOMMENDATION on the draft Council decision amending Decision (EU) 2019/1754 on the accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications
Shadow reports (3)
REPORT on the impact of intimate partner violence and custody rights on women and children
REPORT on the implementation of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys (Toy Safety Directive)
REPORT on the proposal for a regulation of the European Parliament and of the Council on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council
Opinions (1)
OPINION on shaping the digital future of Europe: removing barriers to the functioning of the digital single market and improving the use of AI for European consumers
Shadow opinions (5)
OPINION on Parliament’s right of initiative
OPINION on the proposal for a regulation of the European Parliament and of the Council on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council
OPINION on the proposal for a regulation of the European Parliament and of the Council Making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010
OPINION on the proposal for a regulation of the European Parliament and of the Council on geographical indication protection for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 of the European Parliament and of the Council and Council Decision (EU) 2019/1754
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse
Institutional motions (3)
MOTION FOR A RESOLUTION the EU Protection of children and young people fleeing because of the war in Ukraine
MOTION FOR A RESOLUTION on the Commission delegated regulation of 31 July 2023 supplementing Directive 2013/34/EU of the European Parliament and of the Council as regards sustainability reporting standards
MOTION FOR A RESOLUTION on the Commission delegated directive of 17 October 2023 amending Directive 2013/34/EU of the European Parliament and of the Council as regards the adjustments of the size criteria for micro, small, medium-sized and large undertakings or groups
Oral questions (2)
Implementation of Regulation (EU) 2017/745 on medical devices
Prohibiting chick and duckling killing in EU law
Written explanations (5)
Stocktaking of European elections (A9-0211/2020 - Pascal Durand)
In einer repräsentativen Demokratie entsendet die Wählerschaft Abgeordnete zur Vertretung ihrer politischen Überzeugungen und ihres Wahlkreises, nicht zur Vertretung einer willkürlich definierbaren Identitätsgruppe. Wählerinnen und Wähler können selbst entscheiden, welchen Kandidaten und Parteien sie vertrauen. Die Argumentation von Quotenbefürwortern, Abgeordnete könnten nur, wenn sie einer Identitätsgruppe selbst zugehörig sind, deren Interessen auch vertreten, entmündigt Wählerinnen und Wähler bei ihrer freien Stimmabgabe und ist im Kern illiberal.Die CDU/CSU-Gruppe im Europäischen Parlament spricht sich trotz der Annahme des Berichts zur Bestandaufnahme europäischer Wahlen entschieden gegen die Absätze 4 und 5 des beschlossenen Textes aus. Der Gesetzgeber sollte unter keinen Umständen durch die Einführung von identitätsbasierten Quoten, beispielsweise nach Geschlecht, ethnischer Herkunft oder sexueller Orientierung in das passive Wahlrecht eingreifen. Die Einführung zwangsweise geschlechterparitätischer Wahllisten wäre eine schwerwiegende Verletzung unserer freiheitlich-demokratischen Grundordnung zugrundeliegenden Gleichheitsprinzips. Auf Länderebene wurde in Deutschland bereits die Verfassungswidrigkeit von Paritätsgesetzen durch die Landesverfassungsgerichte in Bayern, Brandenburg und Thüringen festgestellt. Eine entsprechende, absehbar verfassungswidrige, Einschränkung des passiven Wahlrechts auf europäischer Ebene, würde die Glaubwürdigkeit der EU als Verfechterin von Rechtsstaatlichkeit, Freiheit und Demokratie in Europa und der Welt beschädigen.
Objection pursuant to Rule 111(3): Amending the Taxonomy Climate Delegated Act and the Taxonomy Disclosures Delegated Act (B9-0338/2022)
Grundsätzlich halte ich die Idee der Taxonomie für eine schlechte Idee.Nur weil ein bestimmtes Produkt oder Verfahren als nachhaltig klassifiziert wird, heißt das noch lange nicht, dass es die Investoren scharenweise anlockt. Hier sind Europa und die Nationalstaaten als direkte Förderer gefragt. Für einen geordneten Ausstieg aus den fossilen Energien brauchen wir Brückentechnologien. Mit der Taxonomie werden die verschiedenen Energieträger in ein Schwarz-Weiß-Schema gepresst, das ihnen nicht gerecht wird und uns beim Kampf gegen den Klimawandel kein bisschen weiterhilft.
Deforestation Regulation (A9-0219/2022 - Christophe Hansen)
Die Wälder sind Heimat von biologischer Vielfalt und wichtige Ökosysteme, die einen wesentlichen Beitrag zur Klimaregulation leisten. Es ist allerhöchste Zeit, dass wir den Erhalt der Wälder weltweit stärken und der Entwaldung einen Riegel vorschieben. Das Ziel, nur noch entwaldungsfreie Produkte auf dem Binnenmarkt zuzulassen, ist nicht nur wichtig, sondern dringend nötig. Doch das Erreichen dieses Ziels wird uns nur gelingen, wenn wir uns auf die Entwaldung konzentrieren, anstatt noch andere Belange in den Anwendungsbereich mit aufzunehmen, und die Verfahren so gestalten, dass es den Unternehmen, auch den kleinen und mittelständischen Unternehmen, tatsächlich möglich ist, die Berichterstattung korrekt durchzuführen.Mit dem ursprünglichen Vorschlag der Kommission wurde dieses Ziel bereits erfüllt. Doch mit dem heute abgestimmten Text wurde ein Bürokratiemonster geschaffen, welches ideologische Forderungen anstatt praktikabler Lösungen vorschlägt, die ein effizientes System der Verfolgbarkeit der Entwaldungsentwicklungen ermöglichen würden. Wir haben eine Chance verpasst, einen wichtigen Schritt in Richtung entwaldungsfreie Produkte zu gehen, und deshalb hoffe ich sehr, dass die Verhältnismäßigkeit und der Fokus auf die Entwaldung im Rahmen der Verhandlungen mit dem Rat ihren Weg zurück in den Text finden und wir somit eine breite Mehrheit für diesen so wichtigen Vorschlag finden können.
Deforestation Regulation (A9-0219/2022 - Christophe Hansen)
Um den Verlust der biologischen Vielfalt und den Klimawandel zu bekämpfen ist es dringend nötig, nur noch entwaldungsfreie Produkte auf dem EU-Binnenmarkt zuzulassen. Die neue Verordnung greift dieses Ziel auf. Dass den Unternehmen dabei gewisse Sorgfaltspflichten auferlegt werden müssen, ist leider unumgänglich.Im Rahmen der entsprechenden Stellungnahme des Binnenmarktausschusses hatte ich mich für einen risikobasierten Ansatz, die besondere Berücksichtigung von KMUs und die Beibehaltung des vereinfachten Verfahrens zur Reduktion der Bürokratie eingesetzt. Diese Ideen konnten sich im Verhandlungsergebnis alle durchsetzen. KMUs müssen lediglich entsprechende Dokumente aufbewahren, sie müssen aber weder eine Risikobewertung noch eine Risikominimierung durchführen und das vereinfachte Verfahren wurde ebenfalls beibehalten. Für alle anderen Unternehmen gelten jedoch teilweise sehr detaillierte Sorgfaltspflichten, die mir die Zustimmung zu dieser Entwaldungsverordnung sehr schwer gemacht haben.Meines Erachtens hätte auch mit weniger bürokratischen Aufwand mindestens genauso effizient der Entwaldung ein Riegel vorgeschoben werden können. Schade, dass es in den Verhandlungen mit dem Rat nicht gelungen ist, durchzusetzen, dass manchmal weniger eben mehr ist. Und dass die europäischen Unternehmen dies wieder ausbaden müssen, ist eine bittere Pille, die wir für die Erhaltung unserer Wälder schlucken mussten.
Corporate Sustainability Due Diligence (A9-0184/2023 - Lara Wolters)
Bei unternehmerischen Entscheidungen sollten selbstverständlich auch etwaige Auswirkungen auf Menschenrechte, Klima und Umwelt berücksichtigt werden. Sorgfaltspflichten zum Bestandteil von Unternehmenspolitik zu machen, halte ich nicht nur für wesentlich, sondern ist heute schon in vielen Unternehmen gängige Praxis.Anstatt eine effektive einheitliche Regelung zu schaffen, wird durch den Vorschlag ein riesiger bürokratischer Aufwand bewirkt, der vor allem für die kleinen und mittelständischen Unternehmen kaum zu stemmen ist.Ein effektives Lieferkettengesetz muss europaweit einheitliche Regelungen umfassen. Leider erfüllt das der jetzige Vorschlag nicht. Durch die Richtlinie droht ein regulatorischer Flickenteppich, der die Unternehmen vor zusätzliche Herausforderungen stellen wird. Der Kommissionsvorschlag sollte in eine Verordnung umgewandelt werden, um Rechtssicherheit für alle Betriebe zu schaffen.In einem so wichtigen Bereich sollten wir es nicht den Mitgliedstaaten selbst überlassen, die Schutzniveaus zu bestimmen. Wir brauchen europaweit einheitliche Standards, um das Ziel einer nachhaltigen und gerechten Wirtschaft effizient zu erreichen und praktikable verhältnismäßige, aber vor allem einheitliche Regelungen für alle europäischen Unternehmen inklusive der in der EU tätigen Unternehmen aus Drittstaaten durchzusetzen.
Written questions (8)
European Certificate of Succession
Work of the market surveillance authorities
Recognition of Notified Bodies on UK territory after Brexit
Regulation (EU) 2018/848 on organic products – rules on the production of organic salt
Implementing the Medical Devices Regulation
Implementation of the Single Market Regulation
Iran’s instrumentalisation of third countries and actors
Austrian energy cost subsidy for rail freight transport
Amendments (2351)
Amendment 16 #
2023/2586(RSP)
Recital B
B. whereas the EPSR was proclaimed in 2017 in Goteborg, setting out 20 principles and establishing a social rulebook towards a strong social Europe that is fair, inclusive and full of opportunity in the 21st century; whereas at the Porto Social Summit in May 2021, the Council committed to three headline targets for 2030 on employment, training and poverty; whereas at least 78 % of the population between 20 and 64 years old should be in employment by 2030; whereas at least 60 % of all adults should participate in training every year; whereas the number of people at risk of poverty or social exclusion should be reduced by at least 15 million by 2030; whereas the three headline targets do not cover the full implementation of the EPSR;
Amendment 23 #
2023/2586(RSP)
Recital C
C. whereas the headline targets set out by the Commission have only been implemented by the Member States for a year; whereas the additional crises since the targets were decided have put additional pressure on reaching these targets; whereas five Member States have reached their national targets on employment, and half of the Member States have surpassed the 78 % target on employment, however projections show that not all Member States will reach the ewhereas ongoing crises increasingly affecting European competitiveness, should be taken into account with a view to refocusing the targets set in 2021 to relieve the pressure on Member States on imployement targeting these by 20301 ; __________________ 1 European Commission, ‘Commission welcomes Member States’ targets for a more social Europe by 2030’, 16 June 2022.
Amendment 25 #
2023/2586(RSP)
Recital D
D. whereas inflation at the EU level has increased the cost of living of median households by around 10 %, the incidence of material and social deprivation by around 2 % and the rate of energy poverty and absolute monetary poverty by around 5 %; whereas in selected Member States and among vulnerable groups, the corresponding welfare effects are expected to be several times higher; whereas this is likely to widen existing gaps in poverty and social exclusion across the EU2 ; whereas in view of the US Inflation Reduction Act, but also other similar investment plans from other third countries, Europe needs a new vision for an innovative industrial location Europe 2050 instead of burdening companies and citizens with guidelines, bans and regulations; __________________ 2 Menyhert, B., ‘The effect of rising energy and consumer prices on household finances, poverty and social exclusion in the EU’, Publications Office of the European Union, Luxembourg, 2022.
Amendment 32 #
2023/2586(RSP)
Recital E
E. wWelcomes the reas according to the European working conditions telephone survey carried out by Eurofound, the target of 60 % in training courses (paid for by the employer) was not reached in any Member State in 2021; whereas the data also shows that those most in need of training (young people, those with lower levels of educational attainment and those in low-skilled occupations) benefited the leastcent announcement by the European Commission of presenting concrete proposals to reduce the regulatory administrative burden by 25% by autumn this year, which will have positive socioeconomic impacts and benefits for companies and citizens alike (young people in training, founders and innovators, self-employed, employees);
Amendment 86 #
2023/2586(RSP)
Paragraph 6
Amendment 108 #
2023/2586(RSP)
Paragraph 8
8. Warns that, for the correct implementation of principle 12, adequate social protection needs to be expanded in order to cover the risks associated with the unequal impact of climate change and environmental degradation on different income groups, as well as the social consequences of the transformation of our societies towards climate neutrality; calls on the Commission and the Member States to build upon the Social Climate Fund and lay the foundations for the development of green social protection schemes at national level with EU support;
Amendment 120 #
2023/2586(RSP)
Paragraph 9
9. Highlights that, according to principle 19, access to social housing or housing assistance of good quality should be provided for those in need; urges the Commission to develop an ambitious action plan to achieve accessible and green social housing to meet the housing needs of all EU citizens and to progressively eradicate homelessness by 2030;
Amendment 133 #
2023/2586(RSP)
Paragraph 11
Amendment 155 #
2023/2586(RSP)
Paragraph 13
13. Believes that, in order to make a fairn innovative and social Europe a reality and to ensure the highest levels of social protection in the green and digital transitions, it is necessary to ensure ait is necessary to ensure an economically and ecologically sustainable, fair and inclusive Europe where social rights are fully protected and safeguarded to at least the same level as oeconomic and environmental standardsaspects are fully covered; stresses the need to take steps to reinforce the role of the EPSR to ensure the equal treatment of the economic, environmental and social standards and to ensure that social standards and social rights in Europe are placed at the centre of the EU’s forthcoming political practices; notes that, consequently, social investment will be needed for the implementation of the EPSR in upcoming funding initiatives and the revision of the multiannual financial framework;
Amendment 164 #
2023/2586(RSP)
Paragraph 15
15. Calls on the Commission to present a governance framework to anticipate and manage changes related to the economic, green and digital transitions in the world of work, focusing first on the importance of safeguarding jobs, including access to adequate training, and second, on the involvement of social partners in decision- making processes;
Amendment 31 #
2023/0323(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Although jJudicial claims related to late payment are already facilitated by Regulations (EC) No 805/200436 , (EC) No 1896/200637 , (EC) No 861/200738 and (EU) No 1215/201239 of the European Parliament and of the Council, in order to discourage late payment in commercial transactions it is necessary to lay down complementary provisions. The procedures introduced there are used differently in the Member States. The European order for payment procedure in particular is not used in the same way in all Member States, with the duration of the procedure varying greatly39a. However, greater use of these instruments would allow companies to obtain their compensation more quickly. The European procedures referred above are not sufficiently well known among businesses, citizens, professionals and courts. For this reason, it is necessary to make the procedures more effective and better known. By shortening the respective deadlines and introducing electronic processing, the procedures will become more attractive. The Member States are also required to ensure compliance with the maximum duration of the procedure. __________________ 36 Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims (OJ L 143, 30.04.2004, p. 15) 37 Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (OJ L 399, 30.12.2006, p. 1). 38 Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (OJ L 199, 31.7.2007, p. 1). 39 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1). 39a Report from the Commission on the application of Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure
Amendment 33 #
2023/0323(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Provisions should be laid down to prevent late payments in commercial transactions, consisting in the delivery of goods or supply of services for remuneration, irrespective of whether they are carried out between undertakings or between undertakings and contracting authorities/entities, where the latter are the debtor, given these contracting authorities/entities handle a considerable. As the contracting authorities/awarding bodies process a considerable volume of payments to undertakings and since a significant amount of late payments has been experienced over the last years, it is necessary to set a mandatory payment period of 30 calendar days for these transactions. A longer payment period is often required between undertakings. Therefore, in B2B transactions, the payment period may not exceed 60 calendar days after receipt of the invoice. Due to the special features of the financing model in some sectors, it is nevertheless necessary to agree even longer payment periods. This applies in particular to seasonal goods and slow motion products. Taking into account the circumstances of an individual case, it should therefore be possible to agree longer payment periods in individual contracts. Such an agreement must be made expressly and may not be imposed unilaterally as general terms and conditions. Furthermore, the agreement must not be grossly unfair with regard to the interests of the creditor. It is already assumed that there is no gross inequity if the debtor is a small or medium-sized enterprise. Gross unfairness exists if the deviation from the standard period of 60 days occurs without an objective reason and violume of payments to undertakingates the principles of good faith and honesty. This is presumed to be the case if a payment period of more than 120 days has been agreed upon. The presumption can be rebutted in individual cases.
Amendment 64 #
2023/0323(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 95 #
2023/0323(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To provide sufficient time for all relevant actors to put in place the arrangements needed to comply with this Regulation, its application should be deferred. HowevIn order, to ensure better protectlegal certainty, the provisions of the creditors, commercial transactions that are to be paid after the date of entry into force of this Regulation, shall be subject to its provisions, even if the relevant contract was signed before its date of applicationis Regulation apply to transactions signed after its entry into force. In the case of long-term obligations, the provisions of this Regulation already apply to transactions concluded before the entry into force of this Regulation for the part of the remuneration to be paid after its entry into force. The relevant date is the date of receipt of the invoice.
Amendment 107 #
2023/0323(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 147 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period fixed in the contract shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. A longer period may only be agreed expressly and provided it is not grossly unfair to the creditor. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
Amendment 169 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 181 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where the contract provides for a procedure of acceptance or verification, in accordanby which the conformity of the goods or services with paragraph 2the contract is to be ascertained, the maximum duration of that procedure shall not exceed 30 calendar days from the date of receipt of the goods or services by the debtor, even if such goods or services are supplied prior to the issuance of the invoice or an equivalent request for payment. In this case, the debtor shall initiate the procedure for acceptance or verification immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction. The payment period shall not exceed 30 calendar daysA longer period may only be agreed expressly and provided it is not grossly unfair to the creditor. The payment period shall begin to run after such procedure has taken place.
Amendment 199 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The provisions on refusal of payment in the event of non-conforming goods or services shall remain unaffected.
Amendment 206 #
2023/0323(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 229 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. In case of late payment, the debtor shall be liable to pay interest for late payment, except where the debtor is not responsible for the payment delay.
Amendment 238 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 246 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 6 – introductory part
Article 5 – paragraph 6 – introductory part
6. WIf the re the conditions set out inquirements of paragraph 2 are satisfiedmet, interest for late payment shall start accruing from the last one ofon arrears shall commence on the day following the following events:
Amendment 261 #
2023/0323(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 271 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 281 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that adequate and effective means exist to end the contractual terms and practices referred to in paragraph 1practices like intentionally delaying or preventing the moment of sending the invoice.
Amendment 298 #
2023/0323(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Creditors shall obtain an enforceable title, including through an expedited procedure and irrespective of the amount of debt, within 930 calendar days of the lodging of the action or application at the court or other competent authority, provided that the debt and the procedure are not disputed.
Amendment 301 #
2023/0323(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. This Article shall be without prejudice to the provisions of Regulation (EC) 1896/2006 and Regulation (EC) No 861/2007.
Amendment 302 #
2023/0323(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 340 #
2023/0323(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 358 #
2023/0323(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 378 #
2023/0323(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. To the extent possible, Member States shall use digital tools for effective enforcement of this RegulationMember States shall use digital tools as soon as possible for the effective enforcement of this Regulation and of Regulations (EC) No 805/2004, (EC) No 1896/2006, (EC) No 861/2007 and (EU) No 1215/2012. It shall be possible to submit all forms digitally by 2027. Applicants shall be informed of their entitlement to interest on arrears in accordance with Article 5 and compensation for debt collection costs in accordance with Article 8 by means of a separate, clearly recognizable notice as part of the electronic application. In this context, separate reference shall be made to Article 8 (4) and (5).
Amendment 87 #
2023/0315(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Churches and other religious organisations and philosophical or non- confessional organisations have a particular status in national law, within the meaning of Article 17 TFEU, as well as associations of these entities,. This status should also not be allowed to establish an ECBA, due to the lack of Union competence to regulate their status, and due to them having a particular status in national lawffected by this Directive. In addition, these entities should also be allowed to establish or become a member of an ECBA.
Amendment 105 #
2023/0315(COD)
Proposal for a directive
Recital 31
Recital 31
(31) To facilitate the cooperation among Member States and between Member States and the Commission, Member States should designate a competent public authority responsible for the application of the rule transposing this Directive, such as courts, notaries or other authorities (‘competent authority’). The Commission should publish the list of competent authorities. To have a comprehensive overview of the legal treatment of ECBAs in Member States, Member States should notify the Commission of the names and tasks of relevant authorities, other than the competent authorities, established or designated for the purposes of the national rules applicable to the most similar non- profit association in national law, if applicable.
Amendment 111 #
2023/0315(COD)
Proposal for a directive
Recital 39
Recital 39
(39) To prevent fraud and to ensure the reliability of the register, it is important that Member States verify the identity of the founding members and the legal representatives of the ECBA by means of public preventive control. The verification of identity is particularly important if the application for registration is conducted electronically. Due to the variety of different practices in Member States, the specific methods of verifying identity should remain in the prerogative of the Member State concerned.
Amendment 113 #
2023/0315(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Member States should be required to establish a register for the purposes of the registration and for maintaining and publishing information on ECBAs. This register should contain information about ECBAs and the submitted documents. As the information kept in the register may become outdated, Member States should ensure that the ECBA notifies any changes concerning the information on ECBAs to the competent authority and that the information held in the register is updated. Member States should be allowed to make use of their existing national registers and the corresponding register procedures for the purpose of this Directive. In order to ensure transparency especially for members of an ECBA and its creditors, if applicable, the ECBA certificate, the liquidation and the dissolution of an ECBA are pieces of information that should be made publicly available for a maximum of 6 months after the dissolution of an ECBA. The interoperability solutions developed as part of the implementation of the Proposal for a Regulation of the European Parliament and of the Council laying down measures for a high level of public sector interoperability across the Union42 can further support Member States to move towards cross-border interoperability of their registers. To ensure that information about the existence of an ECBA is still available even after its dissolution, all data retained and stored in the register should be kept for 2 years after dissolution. The requirements under applicable national law concerning the authenticity, reliability and the appropriate legal form of documents or information that are submitted for online registration of an ECBA shall remain unaffected by this Directive, provided that online registration as set out in this Directive is possible. _________________ 42 COM(2022)720.
Amendment 122 #
2023/0315(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) trade unions, political parties, religious organisations and associations of such entities;
Amendment 127 #
2023/0315(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. By [two yearsImmediately after the entry into force of this Directive], each Member State shall identify the single most similar legal form of non-profit association in its domestic legal order as referred to in paragraph 2 and notify the Commission thereof and of the national rules that apply to that legal form. Member States shall notify the Commission without delay of any changes regarding the legal forms identified and of any changes to the rules applicable to them. Member States and the Commission shall make the notified information referred to in this paragraph publicly available.
Amendment 162 #
2023/0315(COD)
Proposal for a directive
Article 17 – title
Article 17 – title
Conversion of non-profit associations into an ECBAs and mergers
Amendment 163 #
2023/0315(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that non-profit associations established in the Union may convert into an ECBA within the same Member Stateor merge with other non-profit associations established in the Union or an ECBA, in particular, within the same Member State. Member States shall ensure that (a) any conversion or merger is approved by the decision-making body of the converting entity; (b) the conversion or merger shall not result in the dissolution of the non-profit association that is converting or merging or any loss of interruption of its legal personality; (c) all assets and liabilities are transferred to the newly constituted ECBA; (d) the conversion or merger shall take effect upon registration of the newly constituted ECBA in accordance with Article 19; (e) the entry concerning the non-profit association that has converted is removed from any register.
Amendment 165 #
2023/0315(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that any conversion is approved by the decision-making body of the converting entitywill apply the existing rules on (cross-border) conversions, mergers and divisions also to non-profit association and ECBAs in line with directive (EU) 2017/1132.
Amendment 166 #
2023/0315(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 167 #
2023/0315(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 168 #
2023/0315(COD)
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 169 #
2023/0315(COD)
Proposal for a directive
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 171 #
2023/0315(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Member States shall ensure that an application for registration of an ECBA is submitted to the competent authority of the Member State in which the ECBA intends to have its registered office. The application shall be made in the form applicable to the most similar non-profit association in national law and be accompanied by the following documents and information, provided in an official language of that Member State or any other language allowed under the law of that Member State:
Amendment 401 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. If the requests for participation include SEP holders representing collectively at least an estimated 20% of all SEPs for the standard, and or implementers holding collectively at least 10% relevant market share in the Union or at least 10 SMEs, the competence centre shall appoint a panel of three conciliators selected from the roster of conciliators with the appropriate background from the relevant field of technology.
Amendment 93 #
2023/0083(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Directive (EU) 2019/771 imposes an obligation on sellers to repair goods in the event of a lack of conformity which existed at the time that the goods were delivered and which becomes apparent within the liability period. Under that Directive, consumers are not entitled to have defects repaired which fall outside that obligation. As a consequence, a large number of defective, but otherwise viable, goods are prematurely discarded. In order to encourage consumers to repair their good in such situations, this Directive should impose an obligation on producers to repair goods to which reparability requirements imposed by Union legal acts apply. That repair obligation should be imposed, upon the consumer’s request, on the producers of such goods, since they are the addressees of those reparability requirements. That obligation should apply to producers established both inside and outside the Union in relation to goods placed on the Union market. However, that obligation cannot persist for an unlimited amount of time, since that may limit the economic choice of a producer to no longer produce a specific product. Therefore that obligation should only be enforceable for a time period of 10 years and only if the product in question is still being produced at the time of the repair request. The economic freedom of choice to stop manufacturing a product must be guaranteed. In that case the repair becomes factually impossible.
Amendment 97 #
2023/0083(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Since the obligation to repair imposed on producers under this Directive covers defects that are not due to the non- conformity of the goods with a sales contract, producers may provide repair against a price paid by the consumer, against another kind of consideration, or for free. The charging of a price should encourage producers to develop sustainable business models, including the provision of repair services. Such a price may take into account, for instance, labour costs, costs for spare parts, costs for operating the repair facility and a customary margin. The price for and the conditions of repair should be agreed in a contract between the consumer and the producer and the consumer should remain free to decide whether that price and those conditions are acceptable. The need for such a contract and the competitive pressure from other repairers should encourage producers who are obliged to repair to keep the price acceptable for the consumer. The repair obligation may also be performed for free when the defect is covered by a commercial guarantee, for instance, in relation to guaranteed durability of goods. To incentivise consumers to have their product repaired outside of the legal guarantee, a producer may offer a loan of a replacement or refurbished good for the duration of the repair, which is expected to be returned once the consumer receives the repaired good.
Amendment 120 #
2023/0083(COD)
Proposal for a directive
Recital 17
Recital 17
(17) To ensure legal certainty, this Directive lists in Annex II relevant product groups covered by such reparability requirements under Union legal acts. In order to ensure coherence with future reparability requirements under Union legal acts, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of in particular adding new product groups to Annex II when new reparability requirements are adopted. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making18 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 18 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 213,12.5.2016, p. 1)Commission may propose the revision of this Directive following the ordinary legislative procedure.
Amendment 151 #
2023/0083(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The Commission should enable the development of a voluntary European quality standard for repair services, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations and SME Standardisation organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers, and the special conditions and challenges for SMEs.
Amendment 173 #
2023/0083(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) Fostering reparability at EU level requires a smart mix of measures not exclusively rule-based. This Directive should be accompanied by other national initiatives to counter the skills shortage to ensure that reparability services within the European Union can be provided in the future.
Amendment 174 #
2023/0083(COD)
Proposal for a directive
Recital 33 b (new)
Recital 33 b (new)
(33b) Additional incentives may be considered necessary, therefore Member States should explore measures such as lower VAT rates or reduced taxes on services and labour in order to further incentive customers to opt for a good being repaired instead of replaced. In addition, Member States should pay particular attention to micro, small and medium sized enterprises as their businesses are a vital part of the repair chain.
Amendment 175 #
2023/0083(COD)
Proposal for a directive
Recital 33 c (new)
Recital 33 c (new)
(33c) Consumer behaviour is shaped by a wide variety of aspects. When choosing between repair and new purchase, decision criteria such as economic efficiency, durability, proximity of a repair service, and the time required play an important role. Besides the provisions laid out in this Directive, awareness- raising measures for a culture of repair, improving consumers’ knowledge about proper cleaning and care of products, and improving consumers’ knowledge about the existing rights in terms of legal guarantee should be strengthened to boost the demand for reparability services.
Amendment 245 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Producers shall be able to provide refurbished goods as an alternative to repair.
Amendment 257 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Producers shall ensure that independent repairers have access to spare parts and repair-related information and tools in accordance with the Union legal acts listed in Annex II. Producers shall ensure, that the software of their products does not restrict or impose barriers in the application of the product in the case of repair by independent repairers.
Amendment 266 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Consumers shall be able to seek quality and affordable repair from a repairer of their choice using either original, compatible or second-hand parts that comply with relevant EU standards and regulations.
Amendment 273 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 280 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Producers shall not refuse to service or repair a device that was bought or previously repaired outside of their authorised service or distribution networks.
Amendment 283 #
2023/0083(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall ensure that producers inform consumers of their obligation to repair pursuant to Article 5 and provide information on the repair services in an easily accessible, clear and comprehensible manner free of charge, for example through the online platform referred to in Article 7.
Amendment 309 #
2023/0083(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Measures to inform about consumers rights Member States shall take measures to ensure that consumers are informed about their consumer rights with regard to this Directive and may take measures that enable consumers to find relevant repairers, which can be done through, for example, the creation of an online platform, a dedicated information campaign, or any other means that the Member State deems appropriate. The creation of an online platform shall not impede the functioning of existing private repair platforms.
Amendment 316 #
2023/0083(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Micro, small and medium sized enterprises Member States shall take appropriate measures to help small and medium sized enterprises within the meaning of the Commission recommendation 2003/361/EC apply the requirements set out in this Directive. Those measures shall at least include: guidelines on how to demonstrate compliance with the requirements set out in this Directive.
Amendment 317 #
2023/0083(COD)
Proposal for a directive
Article 8 b (new)
Article 8 b (new)
Article 8b Micro, small and medium sized enterprises Member States shall ensure that appropriate measures are taken to help micro, small and medium sized enterprises within the meaning of Commission Recommendation 2003/362/EC to apply the requirement set out in this Directive.
Amendment 348 #
2023/0083(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Directive (EU) 2019/771
Article 13 (2)
Article 13 (2)
Amendment 361 #
2023/0083(COD)
Proposal for a directive
Article 15
Article 15
Amendment 367 #
2023/0083(COD)
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16a Evaluation By [5 years after the entry into force of this Directive], the Commission shall carry out an evaluation of this Directive and in particular assess its impact, on the proper functioning of the internal market, the level of consumer protection, its impact on businesses, particularly on micro, small and medium enterprises and the improvement of the sustainable consumption of products. The Commission shall draw up a report on its main findings and submit it to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions.
Amendment 273 #
2023/0081(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The weighting of criteria on the sustainability and resilience contribution of the tender in relation to public procurement procedures is without prejudice to the possibility for ca minimum threshold. Within this minimum threshold, the contracting authorities and contracting entities may freely differentiate the weighting of the individual criteria, without ignoring one completely. Contracting authorities and contracting entities tomay always set a higher threshold for the criteria relating to environmental sustainability and innovation, in line with Article 41 (3) and Recital 64 of Directive 2014/23/EU of the European Parliament and of the Council50 , Article 67 (5) of Directive 2014/24/EU and Article 82 (5) of Directive 2014/25/EU. _________________ 50 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1)one or several relevant criteria on the sustainability and resilience contribution. Given the importance of increasing the resilience of the Union’s energy system, the contracting authorities and contracting entities should pay significant attention to the resilience contribution.
Amendment 1213 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. The tender’s resilience contribution shall be based on the following cumulative criteria which shall be objective, transparent and non- discriminatory: (a) where applicable, the tender’s contribution to the energy security of the Union; (b) the tender’s contribution to the resilience of the Union, taking into account the diversification of supplies by considering the proportion of the products originating from a single source of supply, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council1a. The supply shall be deemed insufficiently diversified where a single source supplied outside the European Economic Area, in the last year for which data is available, more than 65% of the total demand within the European Union for a specific net-zero technology or the components primarily used for the production of these technologies. _________________ 1a Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 1222 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Contracting authorities and contracting entities shall give the tender’s sustainability and resilience contribution a weight between 15% and 30of at least 15% of the award criteria, without prejudice of the application of Article 41 (3) of Directive 2014/23/EU, Article 67 (5) of Directive 2014/24/EU or Article 82 (5) of Directive 2014/25/EU for giving a higher weighting to the criteria referred to in paragraph 2, points (a) and (b)taking into account cumulatively all relevant sustainability and resilience criteria.
Amendment 1236 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. TBy derogation from paragraph 3, the contracting authority or the contracting entity shall not be obliged to apply the considerations relating to themay decide to lower the weight of the tender’s sustainability and resilience contribution of net-zero technologies where their application would clearly oblige that authority or entity to acquire equipment having disproportionate costs, or technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance. Cost differences above 10%, compared to a tender without the sustainability and resilience contribution, may be presumed by contracting authorities and contracting entities to be disproportionate. This provision shall be without prejudice of the possibility to exclude abnormally low tenders under Article 69 of Directive 2014/24/EU and Article 84 of Directive 2014/25/EU, and without prejudice to other contract award and exclusion criteria according to the EU legislation, including social aspects according to Articles 30 (3) and 36 (1), second intent of Directive 2014/23/EU, Articles 18 (2) and 67 (2) of Directive 2014/24/EU and Articles 36 (2) and 82 (2) of Directive 2014/24/EU.
Amendment 1029 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point l a (new)
Annex I – Section 1 – paragraph 1 – point l a (new)
(la) Potash
Amendment 1108 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 2 – point d a (new)
Annex III – point 2 – point d a (new)
(da) whether the project contributes to European or global food security.
Amendment 41 #
2023/0033(COD)
Proposal for a directive
Recital 3
Recital 3
(3) New and revised limit values should be set out in light of available information, including up-to-date scientific evidence and technical data, based on a thorough assessment of the socioeconomic and cultural impact and availability of exposure measurement protocols and techniques at the place of work.
Amendment 94 #
2023/0033(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) The central aim of this legislation is to ensure a comprehensive level of protection for workers and also to protect the cultural heritage of the European Union. Therefore, a sectoral exemption for the occupational substance lead should be introduced for activities, which are essential for cultural activities in Europe. It should be regularly reviewed whether these regulations are still necessary for the preservation of Europe's cultural heritage.
Amendment 138 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph -1 – point 4 (new)
Article 2 – paragraph -1 – point 4 (new)
Directive 2004/37/EC
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
(4) in Article 5, the following paragraph 4a is inserted: "4a. The limit values set out in Annex III for the occupational substance "inorganic lead and its compounds" and Annex IIIa for the occupational substance "lead and its ionic compounds" shall not apply to activities which, in accordance to Annex IIIb, are of substantial importance for the preservation of the cultural heritage and cultural diversity of the European Union."
Amendment 194 #
2023/0033(COD)
Proposal for a directive
Annex II – paragraph 1 a (new)
Annex II – paragraph 1 a (new)
Directive 2004/37/EG
Annex III
Annex III
Amendment 24 #
2022/2058(INI)
2. Considers that the fundamental qualities of the standardisation system remain relevant and effective for the proper functioning of the internal market and the competitiveness of European industry; harmonised standards reduce market barriers; recalls that standards are voluntary, whereas harmonised standards for construction products have a mandatory nature in order to fulfill regulatory needs; recalls that standards are a voluntary, market- driven tool providing technical requirements and guidance, the use of which facilitates the compliance of goods and services with European legislation and supports the development of European policies in an accountable, transparent and inclusive way; stresses, however, that standards cannot be seen as EU law, since legislation and policies regarding the level of consumer, health, safety, environmental and data protection, and the level of social inclusion, are determined by the legislator;
Amendment 25 #
2022/2058(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the fundamental qualities of the standardisation system remain relevant and effective for the proper functioning of the internal market; recalls that standards are a voluntary, market- driven tool providing technical requirements and guidance, the use of which facilitates the compliance of goods and services with European legislation and supports the development of European policies in an accountable, transparent and inclusive way; stresses, however, that standards cannot be seen as EU law, since legislation and policies regarding the level of consumer, health, safety, environmental and data protection, and the level of social inclusion, are determined by the legislator;
Amendment 30 #
2022/2058(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses, that consumer, health, safety, environmental and data protection should be pursued by standards but these cannot be seen as EU law, since legislation is determined by the legislator;
Amendment 47 #
2022/2058(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. NotWelcomes the intention to involve Parliament and the Council in an annual event to prepare priorities for standardisation activities; considers that the importance ofrecalls that standardisation ais a strategic initiative and an operational element offor the internal market necessitatesand considers that deeper and more regular scrutiny by the co- legislators than is possible at an annual eventis desirable;
Amendment 51 #
2022/2058(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the creation of an EU excellence hub on standards and the appointment of a chief standardisation officer (CSO) in the Commission; believes that this position and the hub, as a resource, should lead to greater consistency across the Commission in terms of standardisation requests and the preparation andtimely adoption of standards and legislative provisions with relevance to standardisation, as well as to the consistent application of the New Legislative Framework; considers that the person holding this oversight function should be an important interlocutor for Parliament, enabling the technical scrutiny of the Commission’s standardisation activities;
Amendment 61 #
2022/2058(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. BelieveRecommends that the Commission should establish a clear set of key performance indicators and guidelines on the aspects of standardisation within its remit;
Amendment 67 #
2022/2058(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the Commission wishes to accelerate the steps involved in developing standards; considers that the timely preparation of standards is necessary for the proper functioning of the internal market and keeping pace with innovation and international competitiveness, in particular in the case of harmonised standards;
Amendment 69 #
2022/2058(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. NotWelcomes that the Commission wishes to accelerate the steps involved in developing standards; considers that the timely preparation of standards is necessary for the proper functioning of the internal market, in particular in the case of harmonised standards;
Amendment 72 #
2022/2058(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that the long delays in the standardisation processes stem from various causesthat could have been observed in particular for standards for construction products stem from various causes one of them certainly the Commission's interpretation of the James Elliot judgement; considers that the Commission may wish toshould urgently reconsider its approach following the James Elliot3 case and avoid the use of overly prescriptive requirements in relation to standardisation requests, which reduce the capacity of experts to propose appropriate and timely solutions to meet the needs of a standard and, narrow the scope for future-proofing standards; and slow down innovation; _________________ 3 Judgement of the Court of 27 October 2016, James Elliott Construction Limited v Irish Asphalt Limited, C-613/14, ECLI:EU:C:2016:821.
Amendment 75 #
2022/2058(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Considers that EU product legislation should focus on essential health and safety requirements through a technology-neutral approach, leaving the technical details to harmonised EU standards;
Amendment 92 #
2022/2058(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Recalls that in the past years, the practices in the European standardisation organisations as regards their internal governance and decision-making procedures have changed, with European standardisation organisations increasing their co-operation with international and European stakeholders; however, when European standardisation organisations execute standardisation requests to support Union legislation and policies, it is essential that their internal decisions take into account the interests, policy objectives, and values of the Union, as well as the public interests in general.
Amendment 102 #
2022/2058(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the focus on national- level involvement of wider stakeholders, including SMEs and consumer organization, in standardisation activities; notes that not all organisations listed in Annex III have national counterparts in theall Member States; considers that the Commission may direct funding or technical support to those organisations to ensure participation in national standardisation activities, including not only technical work on standards, but also the preparation of positions vis-à-vis standardisation requests at the European and international levels, thereby reinforcing the inclusivity of the process as a whole;
Amendment 104 #
2022/2058(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Believes that the participation of SME’s at national level should be promoted, as it is on this level that they can be most effective by virtue of lower costs and the absence of language barriers. The standardization framework should encourage SMEs to actively participate and provide innovative technological solutions in standardization activities. National standardization bodies encourage and facilitate SMEs' access to standards by identifying, in the annual work programs, standardization projects of particular interest to SMEs, promoting the granting of access to standardization activities without the obligation of membership of a national standardization body, the granting of facilities for standardization activity and free access to draft standards and extracts of standards, applying special rates for the supply of standards or offering packages of standards at a reduced price.
Amendment 108 #
2022/2058(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises the need for a consistent approach towards technical or common specifications, in particular as different legislative processes may give rise to divergent provisions; considers, therefore, that this mechanisms concerned about a disconnect or contradiction of common or technical specifications from existing European or international standards which leads to increased productions costs and administrative burdens for companies operating in the Single Market, in particular for SMEs; considers, that common specifications should only be used in exceptional circumstances, clearly defined in legislation and only while relevant standards do not exist; expresses concern about technical specifications concerning, among other things, respect for fundamental rights, where recourse to implementing acts affects the co-legislators’ powers of scrutiny and the Commission has already issued a standardization request which has been unduly delayed or not been accepted by the responsible ESO;
Amendment 121 #
2022/2058(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Considers that new rules should strengthen competition, reduce production and sales costs, and benefit of the entire economy and consumers. They should maintain and improve quality, provide information, and ensure interoperability and compatibility, thereby increasing safety and consumer value.
Amendment 151 #
2022/2058(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Supports funding of European standardization organizations for carrying out preliminary or ancillary activities in relation to European standardization which also include cooperation activities, including international ones, research and conformity assessment activities and measures aimed at ensuring that the processing and revision times for European standards or European standardization deliverables are reduced without prejudice to the founding principles, in particular the principles of openness, quality, transparency and consensus among all stakeholders;
Amendment 156 #
2022/2058(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Reiterates its call for greater collaboration among EU institutions, the Joint Research Center (JRC), national governments and ESOs in order to develop training guidelines for policymakers and to create a standardisation culture;
Amendment 44 #
2022/2038(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses the importance of protecting and promoting consumer choice through cultural diversity, which is inherent to the identity of the European Union and its citizens, and which constitutes an essential pillar of the single market;
Amendment 45 #
2022/2038(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Considers that the free movement of services should be ensured together with the protection of cultural diversity; welcomes the smooth and effective implementation of the required 30% quota obligation for European works in VOD catalogues which has had a positive impact on cultural diversity and on consumer choice through greater exposure of the EU audience to European works and by offering more opportunities for European creation to reach viewers across the EU; also welcomes the introduction by some Member States of investment obligations requiring VOD service providers to reinvest part of their revenues earned in the country, thus maintaining a steady and diverse industrial audiovisual ecosystem in these countries; underlines that the UK is a country where many non-EU countries shoot their works, notably thanks to a strong tax rebate policy; underlines as well that considering the current state of law, many US-UK coproductions are qualified as European productions; stresses finally that many US studio films shot in the UK studios with the help of a service provider are qualified as European depriving the Article 13(1) 30% quota of its meaning;
Amendment 47 #
2022/2038(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Stresses the need to support SMEs, which are necessary for the proper functioning of the audiovisual sector and for a diverse offer to the benefit of the EU audience;
Amendment 48 #
2022/2038(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Recalls that it is necessary to ensure consistency between AVMS directive and Regulation (EU) 2018/302 on unjustified geo-blocking, considering that the scope of this regulation does not cover audiovisual content; underlines that consumers benefit from cross-border access to their cultural content, in particular thanks to the portability regulation1a , which already facilitates access to content during temporary cross- border stays; _________________ 1a Regulation (EU) 2017/1128
Amendment 55 #
2022/2038(INI)
Draft opinion
Paragraph 5 k (new)
Paragraph 5 k (new)
5 k. Considers the interplay between the Digital Services Act and other sector specific legislation remains unclear; calls on the Commission to provide guidance on the interplay between the Digital Services Act and the AVMSD;
Amendment 56 #
2022/2038(INI)
Draft opinion
Paragraph 5 l (new)
Paragraph 5 l (new)
Amendment 65 #
2022/2038(INI)
Draft opinion
Paragraph 5 v (new)
Paragraph 5 v (new)
5 v. Highlights the importance of product placement by influencers or users of video sharing platforms in recent years; in this regard, calls for action to ensure more responsible influencer marketing and for Member States to develop a mandatory "Responsible Influencer Certificates" to educate and empower online content creators regarding their activities on video sharing platforms or social media services and enforce compliance with existing legislation on advertisement;
Amendment 27 #
2022/2008(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the Russian war of aggression against Ukraine has shown once again that the EU is highly dependent on energy supply from third countries;
Amendment 29 #
2022/2008(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas a high level of energy supply dependency, such as on Russia, and high energy prices can be detrimental to the production capacities of European companies;
Amendment 116 #
2022/2008(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to consider the impact of the Russian war of aggression against Ukraine on the European industry and its capacities in current and future initiatives and objectives;
Amendment 117 #
2022/2008(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission and Members States to ensure technology neutrality across the whole transition in order to secure competitiveness; stresses that the exclusion of certain technologies will only weaken the industries ability to pivot in times of crisis or when technologies prove themselves financially, economically or environmentally unsustainable; insists therefore that the most sustainable way of achieving the climate goals is a technological open and cost-efficient way, including all technologies that contribute to reach climate neutrality;
Amendment 155 #
2022/2008(INI)
6a. Calls on the Commission and Member States to adopt a holistic approach when it creates incentives to support strategic industrial sectors and their supply chains, such as food, pharmaceutics and others, which are facing a sharp increase of energy, transport and raw materials' costs due to the current conflict in Ukraine; stresses that ensuring sufficient access to affordable, secure and diversified clean energy throughout the single market is going to be key to continue with its integration and to pursue the European industry’s transformation plans, boost its green transition and its global competitiveness; underlines how the development of efficient and integrated logistics networks and infrastructures can ensure a smoother access to transport, energy and digital services increase competitiveness of businesses, reduce barriers in the single market and widen markets for products and jobs; reminds the importance of diversification of supplies and material circularity in particular to reduce reliance on third country imports and increase Union's energy and resources independence;
Amendment 175 #
2022/2008(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines the importance of a fully integrated circular economy to create an efficient and decarbonised industry; calls on the Commission to undertake analyses on how products can be recycled and reintroduced into the product cycle; calls on the Commission to give particular consideration when it comes to funding and tender opportunities of the European Union to projects of companies that are innovative frontrunners as regards building and advancing the circular economy;
Amendment 200 #
2022/2008(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that SMEs and start-ups are playing a central role in the digitalisation of the EU and are a critical source of innovation; stresses the need to improve their access to financing; stresses the need to consequently introduce SME- friendly policies and avoid additional red tape;
Amendment 220 #
2022/2008(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Is concerned about the increasing level of administrative burden for companies; stresses that Europe is experiencing a turning point due to the Russian war of aggression against Ukraine and the consequences of the Covid-19 pandemic; calls on the Commission to introduce a moratorium on bureaucracy, as companies are already severely challenged by high industrial energy prices, in some cases insufficient energy infrastructure, complications in logistics and shortage of skilled workers;
Amendment 224 #
2022/2008(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to reconsider whether it is now the time to put additional administrative burden on companies, e.g. through the provisions of the Corporate Sustainability Reporting Directive, Corporate Sustainability Due Diligence Directive and the Taxonomy of sustainable economic activities;
Amendment 225 #
2022/2008(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Notes that the EU’s funding and tender opportunities are of critical importance to innovative companies, which are often pioneers in the twin transition in their industry domain; is concerned about the European Union websites for funding and tender opportunities within the framework of the EU programs being published in English language first, while the translation oft hose websites can take several months; calls for all European Union websites on funding and tender opportunities to be translated into all official languages of the EU immediately, as the initial exclusive availability in English language puts companies from non-English speaking Member States at disadvantage;
Amendment 277 #
2022/2008(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States and the Commission to accelerate the implementation of instruments, including important projects of common European interest, and industrial alliances that develop innovative breakthrough technologies needed for the energy transition and for the implementation of an efficient circular economy, such as clean steel, clean aviation, e-fuels, clean fertilisers, e- cracking and small modular reactors, CO2 reduced chemical products and recycling management systems, e.g. for batteries used in electric vehicles;
Amendment 342 #
2022/2008(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses the importance of legal certainty as regards the rules for data sharing for businesses in Europe, as valuable, aggregated and refined data is key for the innovative capacity of EU companies;
Amendment 295 #
2022/0402(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
4. 'court' means any judicial authority in a Member State thatand all other authorities of a Member State with jurisdiction in matters of parenthood which exercises judicial functions in matters of parenthood;or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority, provided that such other authorities offer guarantees with regard to the impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State in which they operate:
Amendment 296 #
2022/0402(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point a (new)
Article 4 – paragraph 1 – point 4 – point a (new)
a) may be made the subject of an appeal to or review by a judicial authority; and
Amendment 297 #
2022/0402(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point b (new)
Article 4 – paragraph 1 – point 4 – point b (new)
b) have a similar force and effect as a decision of a judicial authority on the same matter.
Amendment 332 #
2022/0402(CNS)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) the procedures toconditions for establishing or contesting parenthood;
Amendment 34 #
2022/0379(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) It is necessary to strengthen the development of cross-border interoperability of network and information systems which are used to provide or manage public services in the Union, to allow public administrations in the Union to cooperate and make public services function across borders. The existing informal cooperation should be replaced with a clear legal framework to enable interoperability across different administrative levels and sectors and to ensure seamless cross-border data flows for truly European digital services. Public sector interoperability has an important impact on the right to free movement of goods and, services, capital and citizens laid down in the Treaties, as burdensome administrative procedures can create significant obstacles, especially for small and medium-sized enterprises (‘SMEs’).
Amendment 44 #
2022/0379(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In order to make the process sufficiently democratic and bottom up, citizens, business and SMEs of European Member States should have a say concerning priorities of interoperability solutions. To this end, in line with the objective of the Interoperable Europe Act, local and regional authorities may conduct direct consultations with citizens, business and SMEs once every two years, in order to survey which interoperability solutions citizens deem to be of priority. The European Commission shall allocate appropriate financial support for local and regional authorities to conduct such dialogues with their citizens. Local and regional authorities shall share the results of the consultations with the Interoperable Europe Board and the Interoperable Europe community.
Amendment 53 #
2022/0379(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Cross-border interoperability is not solely enabled via centralised Member State digital infrastructures, but also through a decentralised approach. This entails data exchange between local administrations in different Member States without necessarily going through national nodes. Therefore, it is necessary to develop common solutions across all administrative levels, particularly for specifications and applications. Needs for cross-border digital interactions are increasing, which requires solutions that can fulfil these needs. With this Regulation, the intention is to facilitate and encourage the exchange between all levels of administration and to contribute to government efficiency, and reduce administrative burdens and costs for citizens and businesses.
Amendment 59 #
2022/0379(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Interoperability facilitates successful implementation of policies, in particular those with a strong public sector connection, such as justice and home affairs, taxation and customs, transport and energy, health, agriculture, employment, as well as in business and industry regulation. However, a single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will give rise to new electronic barriers that impede the proper functioning of the internal market and the associated freedoms of movement. Furthermore, it risks undermining the openness and competitiveness of markets and the delivery of services of general interest to businesses and citizens. Therefore, this Regulation should also facilitate, encourage and apply to cross- sector interoperability.
Amendment 77 #
2022/0379(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) At the moment, the Union’s public services delivered or managed electronically depend in many cases on non-Union providers. It is in the Union’s strategic interest to ensure that it retains and develops essential technological capacities to secure its Digital Single Market, and in particular to ensure service delivery, protect critical network and information systems, and to provide key services. The Interoperable Europe support measures should help public administrations to evolve and be capable of incorporating new challenges and new areas in cross-border contexts. Interoperability between data processing services is a condition for avoiding technological lock-in, saving development cost, enabling technical developments, and fostering innovation, which should boost the global competitiveness of the Union. It is also necessary to facilitate the in- parallel use of multiple data processing services with complementary functionalities. This is important, inter alia, for the successful deployment of ‘multi-cloud’ strategies, which allow customers to implement future-proof IT strategies and which decrease dependence on individual providers of data processing services.
Amendment 79 #
2022/0379(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) All levels of government should cooperate with innovative organisations, be it companies or non-profit entities, in design, development and operation of public services. Supporting GovTech cooperation between public sector bodies, Universities and start-ups and innovative SMEs, or cooperation mainly involving civil society organisations (‘CivicTech’), is an effective means of supporting public sector innovation and promoting use of interoperability tools across private and public sector partners. Supporting an open GovTech ecosystem in the Union that brings together public and private actors across borders and involves different levels of government should allow to develop innovative initiatives aimed at the design and deployment of GovTech interoperability solutions.
Amendment 85 #
2022/0379(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Advancing public sector interoperability needs the active involvement and commitment of experts, practitioners, users and the interested public across Member States, across all levels of government, national, regional and local and involving international partners, Universities and the private sector. In order to tap into their expertise, skills and creativity, a dedicated open forum (the ‘Interoperable Europe Community’) should help channel feedback, user and operational needs, identify areas for further development and help scope priorities for EU interoperability cooperation. The establishment of the Interoperable Europe Community should support the coordination and cooperation between the strategic and operational key players for interoperability.
Amendment 90 #
2022/0379(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) An Interoperable Europe Agenda should be established as the Union’s main instrument for the coordination of public investments in interoperability solutions and digital infrastructure. It should deliver a comprehensive overview of funding possibilities and funding commitments in the field, integrating where appropriate the related Union programmes. This should contribute to creating synergies and coordinating financial support related to interoperability and digital infrastructure development and avoiding duplication.
Amendment 91 #
2022/0379(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35a) The future Interoperable Europe Agenda should be in line with the principles of the Digital Europe Programme, the central programme for digital in the MFF. It aims to accelerate economic recovery and drive the digital transformation of Europe and it is designed to fill the gap between research and deployment of digital technologies. It will bring the results of research to the market for the benefit of Europe's citizens and businesses, in particular small and medium-sized enterprises SMEs.
Amendment 92 #
2022/0379(COD)
Proposal for a regulation
Recital 35 b (new)
Recital 35 b (new)
(35b) Since the objective of this Regulation is to promote the cross-border interoperability of network and information systems which are used to provide or manage public services in the Union, the Union should strengthen investments in a range of areas, including, supercomputing and data processing capacities, core artificial intelligence (AI) capacities such as data spaces and libraries of AI algorithms, cybersecurity, digital skills, expanding the best use of digital capacity in EU’s society and economy, support to the digitalisation of businesses and public administrations.
Amendment 93 #
2022/0379(COD)
Proposal for a regulation
Recital 35 c (new)
Recital 35 c (new)
Amendment 100 #
2022/0379(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) ‘cross-border services’ means data exchange between information systems of public sector bodies in different Member States and institutions, bodies, and agencies of the Union across national jurisdictions by means of dedicated functions and procedures across national jurisdictions in support of the provision of public services;
Amendment 101 #
2022/0379(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) ‘key public services’ means a key public service as defined in Article 2, point (8), of Decision (EU) 2022/2481;”
Amendment 102 #
2022/0379(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘interoperability solution’ means a technical specification, including a standard, or another solution, includinga conceptual frameworks, a guidelines, and applications, a platform, portal or software describing legal, organisational, semantic or technical requirements to be fulfilled by a network and information system in order to enhance cross-border interoperability;
Amendment 109 #
2022/0379(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The national competent authorities and the interoperability coordinators shall provide the necessary support to carry out the interoperability assessment. The Commission may provide technical tools to support the assessment. The national competent authorities shall provide support in pre-assessing whether the intended operation falls within the scope of this Regulation.
Amendment 131 #
2022/0379(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point e a (new)
Article 8 – paragraph 1 – point e a (new)
(ea) listing best practices and knowledge sharing of technical, operational, organizational or administrative guidelines supporting interoperability and competitiveness in the context of public procurement, information security, IT integration and data management;
Amendment 132 #
2022/0379(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
(g) allowing citizens and, businesses and SMEs and the civil society organisations to provide feedback on the published content.
Amendment 134 #
2022/0379(COD)
(ca) financial support opportunities to assist the implementation of interoperability solutions.
Amendment 145 #
2022/0379(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
(c) facilitate the development of an open European GovTech ecosystem, including cooperation with small and medium enterprises, Universities and start- ups;
Amendment 146 #
2022/0379(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
(d) enhance authorities’ understanding of the opportunities or barriers to cross- border interoperability of innovative interoperability solutions, including legal or infrastructure barriers;
Amendment 154 #
2022/0379(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Commission shall organise training courses on interoperability issues at Union level to enhance cooperation and the exchange of best practices between the staff of public sector bodies, institutions, bodies and agencies of the Union. The courses shall be announced on the Interoperable Europe portal. targeted at decision-makers and/or practitioners shall be announced into all official languages of the institutions of the Union on the Interoperable Europe portal and may comprise online information sessions, video tutorials and workshops, train-the- trainers materials and guidelines for on- the-job learning.
Amendment 162 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b – point iii a (new)
Article 15 – paragraph 2 – point b – point iii a (new)
(iiia) the European Cybersecurity Competence Centre and Network;
Amendment 163 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b – point iii b (new)
Article 15 – paragraph 2 – point b – point iii b (new)
(iiib) the EU Cybersecurity Agency (ENISA).
Amendment 169 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point b a (new)
Article 15 – paragraph 4 – point b a (new)
(ba) adopt guidelines on sharing the interoperability solutions reffered to in Article 4;
Amendment 175 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point p
Article 15 – paragraph 4 – point p
(p) propose measures to collaborate with international bodies and Universities that could contribute to the development of the cross- border interoperability, especially international communities on open source solutions, open standards or specifications and other platforms without legal effects;
Amendment 176 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point r
Article 15 – paragraph 4 – point r
(r) inform regularly and coordinate with the interoperability coordinators and the Interoperable Europe Community on matters concerning cross-border interoperability of network and information systems and on relevant EU-funded projects and networks.
Amendment 182 #
2022/0379(COD)
Proposal for a regulation
Article 16 – paragraph 4 – point c a (new)
Article 16 – paragraph 4 – point c a (new)
(ca) support public sector bodies, institutions, agencies or bodies of the Union in carrying out interoperability assessments.
Amendment 187 #
2022/0379(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The Member States shall ensure that the competent authority has adequate competencies and resources to carry out, in an effective and efficient manner, the tasks assigned to it. The Commission shall ensure that competent authorities of Member States receive appropriate funding and technical assistance to support the performance of related tasks.
Amendment 188 #
2022/0379(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) needs for the development of interoperability and infrastructure solutions;
Amendment 192 #
2022/0379(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Interoperable Europe Agenda shall not constitute financial obligations and further administrative burden. After its adoption, the Commission shall publish the Agenda on the Interoperable Europe portal.
Amendment 73 #
2022/0302(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Under the legal systems of Member States an injured person may have a claim for damages on the basis of contractual liability or on grounds of non-contractual liability that do not concern the defectiveness of a product, for example liability based on warranty or on faultmanufacturer´s liability for defectiveness of a product as established in this Directive. This concerns for example liability based on warranty or on fault, or strict liability of operators for damages caused by the properties of an organism, resulting from the genetic engineering. This also includes the provisions of the [AI Liability Directive …/… of the European Parliament and of the Council], which lays down common rules on the disclosure of information and the burden of proof in the context of fault-based claims for damages caused by an AI system. Such provisions, which also serve to attain inter alia the objective of effective protection of consumers, should remain unaffected by this Directive.
Amendment 76 #
2022/0302(COD)
Proposal for a directive
Recital 10
Recital 10
(10) In certain Member States, injured persons may be entitled to make claims for damages caused by pharmaceutical products under a special national liability system, with the result that effective protection of consumers in the pharmaceutical sector is already attained. The right to make such claims should remain unaffected by this Directive. Furthermore, amendments to such special liability systems should not be precluded as long as they do not undermine the effectiveness of the system of liability provided for in this Directive or its objectives.
Amendment 192 #
2022/0302(COD)
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) any rights which an injured person may have under national rules concerning contractual liability or concerning non- contractual liability on grounds other than the defectiveness of a product as provided for in this Directive, including national rules implementing Union Law, such as [AI Liability Directive];
Amendment 411 #
2022/0302(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. By way of derogation from paragraph 1, point (e), Member States may maintain existing rules that make an economic operator liable even if the objective state of scientific and technical knowledge at the time when the product was placed on the market, put into service or in the period in which the product was within the manufacturer’s control was such that the defectiveness could not be discovered.
Amendment 128 #
2022/0269(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) As a member of the World Trade Organisation (WTO), the Union is committed to promoting a rules-based, open, multilateral trading system under the WTO. Any measures introduced by the Union that affect trade must be WTO compliant. Further, all measures introduced by the Union that affect trade must take into account the possible response of the Union’s trade partners and ensure that the enforcement of the measure is not perceived as a unilateral protectionist measure.
Amendment 151 #
2022/0269(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18b) Given that this Regulation will impose additional compliance costs on economic operators, action needs to be taken to prevent the total level of regulatory and financial burden from increasing. Therefore, in line with the Commission's Better Regulation agenda, and the 'one in, one out' principle, the Commission should present, before the application of this Regulation, proposals offsetting the regulatory and financial burdens introduced by this Regulation, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs for economic operators.
Amendment 170 #
2022/0269(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and valuesupply chains. Appropriate due diligence means that forced labour issues in the valuesupply chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.
Amendment 173 #
2022/0269(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure cooperation among competent authorities designated under this and other relevant legislation and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour. When requesting information from economic operators, competent authorities should follow the Commission’s Once-Only principle, through increased cooperation and dialogue between authorities who are engaged in overseeing product regulation. An economic operator should not have to submit the same information more than once.
Amendment 185 #
2022/0269(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the valuesupply chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
Amendment 188 #
2022/0269(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 204 #
2022/0269(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 219 #
2022/0269(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 256 #
2022/0269(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods. . Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management.
Amendment 272 #
2022/0269(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) With acknowledgment of current developments in traceability technology and the use of blockhain to facilitate monitoring of supply chains, the Commission should support economic operators in the uptake of such technology, including through financial and technical assistance.
Amendment 282 #
2022/0269(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to create enabling environments to promote and protect human rights, including capacity building to support workers and local communities in their efforts to root out forced labour from global supply chains and enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis. The Commission should further integrate this Regulation with existing trade measures such as free trade agreements and the Generalised Scheme of Preferences, to enhance the cumulative effect of EU trade measures in eradicating forced labour. This means that in the case where a product has been found to have forced labour, it cannot qualify for GSP tariff reduction. Furthermore, if third country authorities are found to be non-cooperative, or not taking measures to end forced labour within their national borders, the Commission should evaluate whether they should benefit from existing GSP trade facilitation. The Commission should ensure coherence and synergies between relevant external policies, in particular development cooperation and projects focusing on the eradication of forced labour.
Amendment 298 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall not cover the withdrawal of products which have reached the end-users in the Union market, or been transformed or integrated into another product and constitute minor component of the final product.
Amendment 352 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘substantiated concern’ means a well-founded reason, based on objective, factual and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
Amendment 355 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point r – point 1 (new)
Article 2 – paragraph 1 – point r – point 1 (new)
1) 'supply chain' means the network of organizations that cooperate to transform raw materials into finished goods (including the extraction, harvest, production or manufacturing)
Amendment 373 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant, factual and verifiable information available to them, including the following information:
Amendment 385 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the valuesupply chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, the quantity of products concerned, the complexity of the supply chain as well as the scale of suspected forced labour.
Amendment 393 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment, including on the basis of any of the following:
Amendment 394 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a a (new)
Article 4 – paragraph 3 – point a a (new)
(aa) any industry scheme, third-party audit or certification from the economic operators' suppliers that guarantees the absence of forced labour;
Amendment 399 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 1530 working days from the day they received such request or make a justified request for an extension of that time limit. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.
Amendment 424 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of timetheir supply chain.
Amendment 458 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) prioritise the economic operators under investigation involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and
Amendment 462 #
2022/0269(COD)
(b) take into account the size and economic resources of the economic operators, the quantity of products concerned, the complexity of the supply chain as well as the scale of suspected forced labour.
Amendment 476 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and economic resources of the economic operators concerned as well as the complexity of the supply chain.
Amendment 488 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish and duly motivate whether Article 3 has been violated, within a reasonable period of time from the date they initiated the investigation pursuant to Article 5(1).
Amendment 492 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 542 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Where competent authorities establish that economic operators have provided evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminatedadopted appropriate measures to address the risk of forced labour fromin their operations or supply chain or remediated forced labour cases in compliance with the Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937 with respect to the products concerned, the competent authorities shall withdraw their decision for the futurelift the market prohibition immediately and inform the economic operators of this decision.
Amendment 553 #
2022/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the findings of the investigation and the information underpinning the findings;evidence that justifies the decision.
Amendment 579 #
2022/0269(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Economic operators that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision. Economic operators shall be entitled to compensation or damages for the prohibition, withdrawal or destruction of products arising from a wrongful decision by a competent authority.
Amendment 613 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The competent authority shall, as soon as possible, diligently and impartially assess the information, including whether the claims are well-founded and, inform the person or association referred to in paragraph 1 of the outcome of the assessment of their submission.
Amendment 642 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 124 months after the entry into forcebefore the application of this Regulation.
Amendment 661 #
2022/0269(COD)
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. Member States shall confer on their competent authorities the necessary powers to issue an order requiring the providers of online marketplaces to remove products made with forced labour from their online interface, to disable access to it or to display an explicit warning. Such orders shall be issued in accordance with the minimum conditions set out in Article 9(2) of Regulation (EU) 2022/2065.
Amendment 706 #
2022/0269(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is disposed of in accordance with national law consistent with Union lawrecycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. Agricultural products that cannot be recycled, should be donated, or, should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law accordance. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 734 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) guidance to the economic operator on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, as well as the size and economic resources of economic operators; , different types of suppliers along the supply chain, different sectors and the particular risks associated with forced labour imposed by state authorities. The guidance shall also include advice on how to identify indicators of forced labour in different areas of the supply chain;
Amendment 740 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
Article 23 – paragraph 1 – point a a (new)
(aa) guidance to the economic operators on measures which are suitable and effective for bringing to an end different types of forced labour;
Amendment 741 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) information on risk indicators of forced labour, including a clear distinction for evaluation between forced labour risks in the private sector and risk of state-imposed forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 757 #
2022/0269(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article23a Specific provisions for SMEs 1. SMEs shall be given special support and guidance in adapting to this Regulation. 2. This support and guidance shall include: a) SME-specific guidelines with due diligence checklist and toolkit on preventing forced labour b) capacity-building, training programme and administrative and technical support on the assessment and the prevention of forced labour; c) support in their outreach to relevant suppliers and other actors;
Amendment 759 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation as well as other relevant due diligence legislation within the Union, thereby making enforcement more effective and coherent.
Amendment 774 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f
Article 24 – paragraph 3 – point f
(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities; as well as international organisations such as the World Customs Organisation and National Contact Points for the OECD Guidelines for Multinational Enterprises. The Network shall also maintain regular contact with the Commission's relevant services to receive relevant information from other EU initiatives that support the eradication of forced labour.
Amendment 779 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(fa) identify discrepancies between enforcement at the level of different EU Member States;
Amendment 781 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f b (new)
Article 24 – paragraph 3 – point f b (new)
Amendment 789 #
2022/0269(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article24a Support The Network shall support economic operators under investigation to undertake corrective action in line with Article 4(6) and Article 6(6) where the risk of forced labour has been identified to: a) correct the potential risk of forced labour before launching an investigation and b) avoid the last resort of disengagement if the economic operator is deemed violating Article 3. This shall include having dialogue with authorities operating in the region where forced labour has been identified as well as on national level. In the case where disengagement must take effect and economic operators become victim to a third country punitive measure, the Commission shall provide political, administrative or financial support.
Amendment 796 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission mayshall, as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. The Commission shall have regular contact and cooperation with countries that have similar legislation in place, to share information of risk products or regions as well as best practices for bringing to an end forced labour. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 821 #
2022/0269(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Member States shall, by [OP enter DATE = 2430 months from its entry into force of this Regulation], notify those provisions to the Commission, where they have not previously been notified, and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 831 #
2022/0269(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Amendment 104 #
2022/0196(COD)
Proposal for a regulation
–
–
The Committee on [Agriculture and Rural Development] calls on the Committee on [the Environment, Public Health and Food Safety], as the committee responsible, to propose rejection of the [The sustainable use of plant protection products and amending Regulation (EU) 2021/2115].
Amendment 317 #
2022/0196(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down rules for the sustainable use of plant protection products by providing for the setting, and achievement by 2030[OP: please insert the date – 10 years after the date of application of this Regulation], of reduction targets for the use and risk of chemical plant protection products, establishing requirements for use, storage, sale and disposal of plant protection products and for application equipment, providing for training and awareness raising, and providing for implementation of integrated pest management.
Amendment 366 #
2022/0196(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
Amendment 376 #
2022/0196(COD)
Amendment 389 #
2022/0196(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16 – point c
Article 3 – paragraph 1 – point 16 – point c
Amendment 394 #
2022/0196(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16 – point d
Article 3 – paragraph 1 – point 16 – point d
Amendment 398 #
2022/0196(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16 – point e
Article 3 – paragraph 1 – point 16 – point e
Amendment 404 #
2022/0196(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16 – point f
Article 3 – paragraph 1 – point 16 – point f
Amendment 451 #
2022/0196(COD)
Proposal for a regulation
Article 4 – title
Article 4 – title
Union 2030[OP: please insert the date – 10 years after the date of application of this Regulation] reduction targets for chemical plant protection products
Amendment 463 #
2022/0196(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 487 #
2022/0196(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Member States 2030 [OP: please insert the date – 10 years after the date of application of this Regulation] reduction targets for chemical plant protection products
Amendment 494 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – introductory part
Article 5 – paragraph 1 – subparagraph 1 – introductory part
By … [OP: please insert the date – 612 months after the date of application of this Regulation] each Member State shall adopt national targets in its national legislation to achieve by 2030[OP: please insert the date – 10 years after the date of application of this Regulation] a reduction, set in accordance with this Article, from the average of the years 20151, 20162 and 20173, of the following:
Amendment 507 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a
Article 5 – paragraph 1 – subparagraph 1 – point a
(a) the use and risk of chemical plant protection products as defined in Annex I (‘national 2030 reduction targetwith a flexibility of 10% (‘national [OP: please insert the date – 10 years after the date of application of this Regulation] target range 1’);
Amendment 513 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b
Article 5 – paragraph 1 – subparagraph 1 – point b
(b) the use of more hazardous plant protection products as defined in Annex I (‘national 2030 reduction targetwith a flexibility of 10% (‘national [OP: please insert the date – 10 years after the date of application of this Regulation] target range 2’).
Amendment 521 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
For the purposes of this Regulation, the two national reduction targets listed in points (a) and (b) of the first subparagraph, are collectively referred to as the ‘national 2030[OP: please insert the date – 10 years after the date of application of this Regulation] reduction targets’.
Amendment 528 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 536 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 567 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 1
Article 5 – paragraph 5 – subparagraph 1
A Member State may reduce its national target for the use and risk of chemical plant protection products referred to in paragraph 4 to a percentage that is a mid-point between the figure related to intensity as laid down in the second subparagraph of this paragraph and the figure related to the use and risk as laid down in the third subparagraph of this paragraph. Where that percentage is higher than 50%, the Member State shall increase its national target to that percentage.
Amendment 577 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 2 – point a
Article 5 – paragraph 5 – subparagraph 2 – point a
Amendment 584 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 2 – point b
Article 5 – paragraph 5 – subparagraph 2 – point b
(b) 50% where a Member State’s weighted intensity of use and risk of chemical plant protection products during the average of the years 20151, 20162 and 20173 is between 70% and 140% of the Union average;
Amendment 594 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 2 – point c
Article 5 – paragraph 5 – subparagraph 2 – point c
(c) 65% where a Member State’s weighted intensity of use and risk of chemical plant protection products during the average of the years 20151, 20162 and 20173 is more than 140% of the Union average.
Amendment 607 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 3 – point b
Article 5 – paragraph 5 – subparagraph 3 – point b
(b) where a Member State has increased the use and risk of chemical plant protection products, or has made a smaller reduction than the Union average between the average of the years 2011, 2012 and 2013 and the average of the years 2015, 2016 and 2017, a figure that is established by adding to 50% the difference between the reduction or, as applicable, increase achieved and the Union average reduction, but without surpassing 70%.
Amendment 610 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 4
Article 5 – paragraph 5 – subparagraph 4
Amendment 616 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
A Member State may reduce its national target for the use of the more hazardous plant protection products referred to in paragraph 4 to a percentage that is a mid- point between the figure related to intensity as laid down in the second subparagraph of this paragraph and the figure related to use as laid down in the third subparagraph of this paragraph. Where that percentage is higher than 50%, the Member State shall increase its national target to that percentage.
Amendment 624 #
2022/0196(COD)
(a) 35% where a Member State’s intensity of use of the more hazardous plant protection products during the average of the years 20151, 20162 and 20173 is less than 70% of the Union average;
Amendment 633 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 2 – point b
Article 5 – paragraph 6 – subparagraph 2 – point b
(b) 50% where a Member State’s intensity of use of the more hazardous plant protection products during the average of the years 20151, 20162 and 20173 is between 70% and 140% of the Union average;
Amendment 643 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 2 – point c
Article 5 – paragraph 6 – subparagraph 2 – point c
(c) 65% where a Member State’s intensity of use of the more hazardous plant protection products during the average of the years 20151, 20162 and 20173 is more than 140% of the Union average.
Amendment 647 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 3 – point a
Article 5 – paragraph 6 – subparagraph 3 – point a
(a) where a Member State has achieved a greater reduction in the use of the more hazardous plant protection products than the Union average between the average of the years 2011, 2012 and 2013 and the average of the years 2015, 2016 and 2017, a figure that is established by subtracting from 50% the difference between the reduction achieved and the Union average reduction;
Amendment 654 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 3 – point b
Article 5 – paragraph 6 – subparagraph 3 – point b
(b) where a Member State has increased the use of the more hazardous plant protection products, or has made a smaller reduction than the Union average between the average of the years 2011, 2012 and 2013 and the average of the years 2015, 2016 and 2017, a figure that is established by adding to 50% the difference between the reduction or, as applicable, increase achieved and the Union average reduction, but without surpassing 70%.
Amendment 662 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 671 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
Amendment 678 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 9
Article 5 – paragraph 9
Amendment 686 #
2022/0196(COD)
Proposal for a regulation
Article 5 – paragraph 10
Article 5 – paragraph 10
(10.) If a Member State fails to adopt a national 2030 reduction targettarget range for [OP: please insert the date – 10 years after application of this Regulation], by … [OJ: please insert the date – 6 months after the date of application of this Regulation], that target shall be deemed to be either 50%; or, where the percentage would be above 50% in accordance with paragraph 5 or paragraph 6, that higher percentage.
Amendment 697 #
2022/0196(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 704 #
2022/0196(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 710 #
2022/0196(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 717 #
2022/0196(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 728 #
2022/0196(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 733 #
2022/0196(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 742 #
2022/0196(COD)
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 755 #
2022/0196(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Publication of Union and national 2030 reduction tartrends in Union reduction targets and national target rangets trends by the Commission for ... [OP: please insert the date - 10 years after the date of application of this Regulation]
Amendment 760 #
2022/0196(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 769 #
2022/0196(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 783 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point a
Article 8 – paragraph 1 – subparagraph 1 – point a
Amendment 793 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point b
Article 8 – paragraph 1 – subparagraph 1 – point b
Amendment 799 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point c
Article 8 – paragraph 1 – subparagraph 1 – point c
Amendment 805 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point d
Article 8 – paragraph 1 – subparagraph 1 – point d
Amendment 835 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point i
Article 8 – paragraph 1 – subparagraph 1 – point i
(i) other planned and adopted measures to support, or ensure through binding requirements laid down in national law, the sustainable use of plant protection products in line with integrated pest management principles, including those contained in crop-specific rules as set out in Article 15(1).
Amendment 850 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 4
Article 8 – paragraph 1 – subparagraph 4
Amendment 857 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 5
Article 8 – paragraph 1 – subparagraph 5
Amendment 864 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 869 #
2022/0196(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 874 #
Amendment 881 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 886 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 889 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 893 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 896 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 907 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 912 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 919 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 923 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 925 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
Amendment 929 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
Amendment 933 #
2022/0196(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 937 #
2022/0196(COD)
Proposal for a regulation
Article 10
Article 10
Annual progress and implementation 1. By 31 August every year, but not sooner than [OP: please insert the date – 30 months after the date of application of this Regulation], each Member State shall submit to the Commission an annual progress and implementation report containing the information listed in Annex II. 2. The annual progress and implementation report shall include: (a) all trends in progress towards achieving the national 2030 reduction targets as set out in Part 1 of Annex II, calculated in accordance with the methodology set out in Annex I as the difference between the average of the years 2015-2017 and the year ending 20 months prior to the publication; (b) all trends in progress towards achieving national indicative targets set out in Article 9(2), point (a), Article 9(3), point (a), and Article 9(4) ), calculated annually as the difference between the extent of use in the 3 calendar years preceding the adoption of the national action plan in accordance with Article 9(1) and the calendar year ending 20 months prior to the publication of the relevant annual progress and implementation report; (c) all other quantitative data in relation to implementation of this Regulation as set out in Part 2 of Annex II; (d) the outcome of the evaluation of the results of each harmonised risk indicator carried out in accordance with Article 36(1); (e) all trends in progress towards achieving an increase in the utilised agricultural area under organic farming referred to in Article 8(1), point (d). 3. Each Member State shall publish its annual progress and implementation report on a website and inform the Commission thereof. 4. The Commission may request a Member State to include further details in its annual progress and implementation report. Within 2 months of receipt of the Commission’s request, the Member State concerned shall respond to the request and shall publish its response on the website referred to in paragraph 3. 5. The Commission shall publish annual progress and implementation reports of the Member States on a website. 6. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending Annex II in order to take into account data relevant to the sustainable use of plant protection products.rticle 10 deleted reports
Amendment 940 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 944 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 947 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
Amendment 955 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
Amendment 958 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
Amendment 960 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
Amendment 961 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
Amendment 964 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 969 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
Amendment 972 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Amendment 974 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 977 #
2022/0196(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
Amendment 984 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 988 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
Amendment 992 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
Amendment 997 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 998 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 1003 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 1006 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 1009 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point a
Article 11 – paragraph 5 – point a
Amendment 1010 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point b
Article 11 – paragraph 5 – point b
Amendment 1012 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
Amendment 1018 #
2022/0196(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
Amendment 1029 #
2022/0196(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) by applying Article 13the integrated pest management framework where no crop- specific rulguidelines have been adopted for the relevant crop and area in accordance with Article 15 by the Member State in which they operate;
Amendment 1034 #
2022/0196(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) by applying crop-specific rulguidelines adopted by the Member State in which they operate for the relevant crop and area in accordance with Article 15 and performing the actions set out in Article 13(8).
Amendment 1044 #
2022/0196(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Advisors shall provide advice that is consistent with the applicable crop- specific rulguidelines and with integrated pest management.
Amendment 1050 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 1069 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 – introductory part
Article 13 – paragraph 2 – subparagraph 1 – introductory part
Amendment 1092 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Where a professional user has not appliedtaken up, in the plan, a measure listed in the first subparagraph of this paragraph, the records referred to in Article 14(1) shall contain reasons thereofreasons for that shall be given. The plan shall be renewed every three years.
Amendment 1107 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. Professional users shall use biological controls, physical and other non- chemical methods. Professional users mayshall only use chemical methods if they are necessary to achieve acceptable levels of harmful organism control afterif all other non- chemical methods as set out in paragraphs 1, 2 and 3 have been exhausted and whereor any of the following conditions has been satisfied:
Amendment 1118 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) where justified by a decision- support system, or by an advisor who meets the conditions laid down in Article 23, the professional user decides, by way of a recorded decision, to use chemical plant protection products methods for preventative reasons.
Amendment 1121 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 1132 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 6 – point b
Article 13 – paragraph 6 – point b
Amendment 1133 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 6 – point d
Article 13 – paragraph 6 – point d
Amendment 1135 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 2
Article 13 – paragraph 7 – subparagraph 2
Amendment 1137 #
2022/0196(COD)
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
Amendment 1150 #
2022/0196(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 1164 #
2022/0196(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 1169 #
2022/0196(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. A professional user shall enter an electronic record of each application of a plant protection product under Article 67 of Regulation (EC) No 1107/2009 in the electronic integrated pest management and plant protection product use register referred to in Article 16. A professional user shall also enter an electronic record specifying whether the application was done by aerial or land- based equipment. In the case of aerial application, a professional user shall specify the type of equipment used.
Amendment 1173 #
2022/0196(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. In order to ensure a uniform structure of the entries to be made by professional users in the electronic integrated pest management and plant protection product use register in accordance with paragraphs 1, 2 and 3, the Commission may, by means of implementing acts, adopt a standard template for such entries. Any such template shall include fields for inputting records that need to be kept in accordance with Article 67 of Regulation (EC) No 1107/2009 and shall require the use of a recognisable ID. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41(2).
Amendment 1182 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall adopt agronomic requirements based on integrated pest management controls that must be adhered to when growing or storing a particular crop and are designed to ensure that chemical crop protection is only used after all other non-chemical methods have been exhausted and when a threshold for intervention is reached (‘crop-specific rulguidelines’). The crop-specific rulguidelines shall implementtemise the principles of integrated pest management, set out in Article 13, for the relevant crop and be set out in a binding legal act.
Amendment 1190 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Member States shall establish appropriate incentives to prompt professional users to implement crop- or sector-specific guidelines for integrated pest management on a voluntary basis. Public authorities or organisations representing particular professional users may draw up such guidelines. Member States shall refer to those guidelines that they consider relevant and appropriate in their National Action Plans.
Amendment 1196 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Each Member State shall designate a competent authority responsible for ensuring that the crop-specific rulguidelines are scientifically robust and comply with this Article.
Amendment 1197 #
2022/0196(COD)
Amendment 1208 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 1222 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 1232 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 6 – introductory part
Article 15 – paragraph 6 – introductory part
6. The crop-specific rulguidelines shall convertidentify, for individual crops, the requirements of integrated pest management laid down in Article 13 into verifiable criteria by, among others, spec, clarifying the following inter alia:
Amendment 1241 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 6 – point b
Article 15 – paragraph 6 – point b
(b) the non-chemical interventions involving cultural, physical and biological control which are effective against the harmful organisms referred to in point (a) and qualitative criteria or conditions under which these interventions are tomay be made;
Amendment 1243 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 6 – point c
Article 15 – paragraph 6 – point c
Amendment 1250 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 6 – point d
Article 15 – paragraph 6 – point d
Amendment 1256 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 6 – point e
Article 15 – paragraph 6 – point e
Amendment 1272 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 6 – point f
Article 15 – paragraph 6 – point f
(f) the measurable criteria or conditions under which more hazardous plant protection products may bare used after all other means of control that do not require the use of chemical plant protection products have been exhausted.;
Amendment 1287 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. Each Member State shall review its crop-specific rules annuallyguidelines every three years and update them where necessary, including when it is needed to reflect changes in the availability of harmful organism control tools.
Amendment 1289 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 8
Article 15 – paragraph 8
Amendment 1301 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
Amendment 1312 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 10
Article 15 – paragraph 10
(10.) A Member State with significant climatic or agronomic differences between regions, shall adopt crop-specific rulguidelines for each of those regions.
Amendment 1315 #
2022/0196(COD)
Proposal for a regulation
Article 15 – paragraph 11
Article 15 – paragraph 11
(11.) Each Member State shall publish all of its crop-specific rulguidelines on a single website.
Amendment 1325 #
2022/0196(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Electronic integrated pest management and plant protection product use register
Amendment 1329 #
2022/0196(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
Each Member State shall designate a competent authority or competent authorities to establish and maintain an electronic integrated pest management and plant protection product use register or registers.
Amendment 1333 #
2022/0196(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2 – introductory part
Article 16 – paragraph 1 – subparagraph 2 – introductory part
The electronic integrated pest management and plant protection product use register or registers shall contain all of the following information for a period of at least 3 years from date of entry:
Amendment 1335 #
2022/0196(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2 – point a
Article 16 – paragraph 1 – subparagraph 2 – point a
Amendment 1338 #
2022/0196(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2 – point b
Article 16 – paragraph 1 – subparagraph 2 – point b
Amendment 1343 #
2022/0196(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2 – point c
Article 16 – paragraph 1 – subparagraph 2 – point c
Amendment 1393 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 1404 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 1426 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 1432 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 1444 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 7
Article 18 – paragraph 7
Amendment 1452 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 8
Article 18 – paragraph 8
Amendment 1471 #
2022/0196(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 1583 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Amendment 1593 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 1601 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 1607 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
Amendment 1613 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 1628 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 1638 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 4 – point b
Article 25 – paragraph 4 – point b
Amendment 1647 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 4 – point f
Article 25 – paragraph 4 – point f
Amendment 1672 #
Amendment 1675 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Each Member State shall designate a competent authority to establish, oversee and monitor the operation of a system of independenexpert advisors for professional users. That system may make use of the impartial farm advisors referred to in Article 15 of Regulation (EU) No 2021/2115, who must be regularly trained and can be funded under Article 78 of the same regulationshall comprise advisors trained in accordance with Article 25.
Amendment 1677 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 1684 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 1693 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. An expert advisor referred to in paragraph 3 shall provide strategic advice on the following subjects:
Amendment 1837 #
2022/0196(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The methodology for calculating progress towards achieving the two Union 2030 reduction targets and the two national 2030 reduction targets until and including 2030... [OP: please insert the date – 10 years after the date of application of this Regulation] reduction targets and the two national ... [OP: please insert the date – 10 years after the date of application of this Regulation] corridor targets until and including ... [OP: please insert the date – 10 years after the date of application of this Regulation] is laid down in Annex I. This methodology shall be based on statistical data collected in accordance with Regulation (EC) No 1185/2009.
Amendment 1845 #
2022/0196(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Using the methodology set out in Annex I, the Commission shall calculate the results of progress towards achieving the two Union and two national 2030 reduction targets annually until and including 2030Union reduction targets and two national ... [OP: please insert the date – 10 years after the date of application of this Regulation] corridor targets annually until and including ... [OP: please insert the date – 10 years after the date of application of this Regulation] and publish those results on the website referred to in Article 7.
Amendment 1854 #
2022/0196(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending this Article and Annex VI in order to take into account technical progress, including progress in the availability of statistical data, and scientific and agronomic developments. Such delegated acts may modify the existing harmonised risk indicators or provide for new harmonised risk indicators, which may take into account Member States’ progress towards achieving the target of having 25% of their utilised agricultural area devoted to organic farming by 2030 as referred to in Article 8(1), point (d).
Amendment 193 #
2022/0195(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on nature restoration and development (Text with EEA relevance)
Amendment 203 #
2022/0195(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) It is necessary to lay down rules at Union level on the restoration of ecosystems to ensure the recovery and development to biodiverse and resilient nature across the Union territory. Restoring ecosystems also contributes to the Union climate change mitigation and climate change adaptation objectives.
Amendment 208 #
2022/0195(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The European Green Deal43 has set out an ambitious roadmap to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, aiming to protect, conserve and enhance the Union’s natural capital, and to protect the health and well- being of citizens from environment-related risks and impacts. The EU’s goals are to ensure food security in the face of climate change and biodiversity loss. As part of the European Green Deal, the Commission has adopted an EU Biodiversity Strategy for 203044 .source: https://commission.europa.eu/strategy- and-policy/priorities-2019- 2024/european-green-deal/agriculture- and-green-deal_en _________________ 43 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal, 11.12.2019 (COM (2019) 640 final). 44 Communication from the Commission to the European Parliament, the Council the European Economic and Social Committee and the Committee of the Regions, EU Biodiversity Strategy for 2030, Bringing nature back into our lives, 20.5.2020, COM(2020) 380 final.
Amendment 219 #
2022/0195(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In its resolution of 9 June 202149 , the European Parliament strongly welcomed the commitment to draw up a legislative proposal with binding nature restoration targets, and furthermore considered that in addition to an overall restoration target, ecosystem-, habitat- and species-specific restoration targets should be included, covering forests, grasslands, wetlands, peatlands, pollinators, free- flowing rivers, coastal areas and marine ecosystems. Russia's unprovoked invasion of Ukraine has triggered energy and food supply challenges, exacerbating existing food systems vulnerabilities, already weakened under the effect of climate change and the COVID 19 pandemic. Therefore, all objectives must be reviewed in relation to these events, with a special role for the guarantee of food safety. (https://www.europarl.europa.eu/thinktan k/en/document/EPRS_BRI(2022)733667) _________________ 49 European Parliament resolution of 9 June 2021 on the EU Biodiversity Strategy for 2030: Bringing nature back into our lives (2020/2273(INI)).
Amendment 224 #
2022/0195(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In a two-way process, climate change is one of the main drivers of biodiversity loss, but destruction of ecosystems undermines nature’s ability to regulate greenhouse gas (GHG) emissions and protects against extreme weather, thus accelerating climate change and increasing vulnerability to it. This explains why the two crises must be tackled together with holistic policies that address both issues simultaneously and not in silos.
Amendment 228 #
2022/0195(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The EU Biodiversity Strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land, including inland waters, and 30 % of the sea in the Union, of which at least one third should be under strict protection, including all remaining primary and old- growth forests. The criteria and guidance for the designation of additional protected areas by Member States51 (the ‘Criteria and guidance’), developed by the Commission in cooperation with Member States and stakeholders, highlight that if the restored areas comply or are expected to comply, once restoration produces its full effect, with the criteria for protected areas, those restored areas should also contribute towards the Union targets on protected areas. The Criteria and guidance also highlight that protected areas can provide an important contribution to the restoration targets in the EU Biodiversity Strategy for 2030, by creating the conditions for restoration efforts to be successful. This is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. Placing such areas, including in the marine environment, under strict protection, will, in some cases, be sufficient to lead to the recovery of the natural values they host. Moreover, it is emphasised in the Criteria and guidance that all Member States are expected to contribute towards reaching the Union targets on protected areas set out in the EU Biodiversity Strategy for 2030, to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration. _________________ 51 Commission Staff Working Document Criteria and guidance for protected areas designations (SWD(2022) 23 final).
Amendment 230 #
2022/0195(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The EU Biodiversity Strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land, including inland waters, and 30 % of the sea in the Union, of which at least one third4 % should be under strict protection, including all remaining primary and old- growth forests. The criteria and guidance for the designation of additional protected areas by Member States51 (the ‘Criteria and guidance’), developed by the Commission in cooperation with Member States and stakeholders, highlight that if the restored areas comply or are expected to comply, once restoration produces its full effect, with the criteria for protected areas, those restored areas should also contribute towards the Union targets on protected areas. The Criteria and guidance also highlight that protected areas can provide an important contribution to the restoration targets in the EU Biodiversity Strategy for 2030, by creating the conditions for restoration efforts to be successful. This is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. Placing such areas, including in the marine environment, under strict protection, will, in some cases, be sufficient to lead to the recovery of the natural values they host. Moreover, it is emphasised in the Criteria and guidance that all Member States are expected to contribute towards reaching the Union targets on protected areas set out in the EU Biodiversity Strategy for 2030, to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration. _________________ 51 Commission Staff Working Document Criteria and guidance for protected areas designations (SWD(2022) 23 final).
Amendment 237 #
2022/0195(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) At the COP 15 the nations supported the 23 targets for 2030 in the landmark biodiversity agreement and to ensure that areas under agriculture, aquaculture, fisheries and forestry are managed sustainably, in particular through the sustainable use of biodiversity, including through a substantial increase of the application of biodiversity friendly practices, such as sustainable intensification, agroecological and other innovative approaches contributing to the resilience and long- term efficiency and productivity of these production systems and to food security, conserving and restoring biodiversity and maintaining nature’s contributions to people, including ecosystem functions and services . https://ec.europa.eu/commission/presscor ner/detail/en/ip_22_7834 https://prod.drupal.www.infra.cbd.int/sites /default/files/2022-12/221219-CBD- PressRelease-COP15-Final_0.pdf
Amendment 242 #
2022/0195(COD)
(13) It is appropriate to set an overarching objective for ecosystem restoration to foster economic and societal transformation, the creation of high-quality jobs and sustainable growth. Biodiverse ecosystems such as wetland, freshwater, forest as well as agricultural, sparsely vegetated, marine, coastal and urban ecosystems deliver, if in good condition, a range of essential ecosystem services, and the benefits of restoring degraded ecosystems to good condition and the sustainable agricultural activity and forest management in all land and sea areas far outweigh the costs of restoration. Those services contribute to a broad range of socio-economic benefits, depending on the economic, social, cultural, regional and local characteristics.
Amendment 248 #
2022/0195(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Member States should cooperate bilaterally and within regional and sub- regional cooperation mechanisms to protect biodiverse ecosystems especially if the ecosystems extend beyond the borders (cross border management). When ecosystems extend the borders of a Member State, national restoration and development plans should be extended to common regional restoration or development plans.
Amendment 249 #
2022/0195(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The United Nations Statistical Commission adopted the System of Environmental Economic Accounting - Ecosystem Accounting (SEEA EA)54 at its 52nd session in March 2021. SEEA EA constitutes an integrated and comprehensive statistical framework for organising data about habitats and landscapes, measuring the extent, condition and services of ecosystems, tracking changes in ecosystem assets, and linking this information to economic and other human activity. A reference to food security should be considered and included. _________________ 54 https://seea.un.org/sites/seea.un.org/files/d ocuments/EA/seea_ea_white_cover_final.p df.
Amendment 257 #
2022/0195(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Living nature plays an important role in many climate-relevant processes (e.g. binding and release of CO2 and other greenhouse gases, water cycle, absorption of solar radiation). Changes in the biosphere therefore always have consequences for the climate system. At the same time climate change has both direct and indirect effects on nature, which should be taken into account to protect biodiversity. The geographical distribution of animal and plant species on Earth is determined to a large extent by climate. Changes in temperature and precipitation and in the frequency of extreme events have a direct influence on the annual rhythm, behaviour, reproduction, competitiveness and feeding relationships of species, competitive ability and feeding relationships of species. This can lead to major shifts in their distribution areas and in the species composition and structure of entire ecosystems. Indirect impacts on biodiversity arise from human responses to climate change, whether through adaptation of land use patterns, measures to protect populations from extreme events, or measures to reduce atmospheric greenhouse gas concentrations. The changes can be profound and affect large areas. Depending on how they are shaped, they can have positive and/or negative consequences for nature conservation.
Amendment 263 #
2022/0195(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Union climate policy is being revised in order to follow the pathway proposed in Regulation (EU) 2021/1119 to reduce net emissions by at least 55 % by 2030 compared to 1990. In particular, the proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2018/841 and (EU) 2018/199961 aims to strengthen the contribution of the land sector to the overall climate ambition for 2030 and aligns the objectives as regards accounting of emissions and removals from the land use, land use change and forestry (‘LULUCF’) sector with related policy initiatives on biodiversity. That proposal emphasises the need for the protection and enhancement of nature-based carbon removals, for the improvement of the resilience of ecosystems to climate change, for the restoration of degraded land and ecosystems, and for rewetting peatlands. It further aims to improve the monitoring and reporting of greenhouse gas emissions and removals ofrom land subject to protection and restoration. In this context, it is important that ecosystems in all land categories, including forests, grasslands, croplands and wetlands, are in good condition, which corresponds to the climatic regions, in order to be able to effectively capture and store carbon. _________________ 61 Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2018/841 as regards the scope, simplifying the compliance rules, setting out the targets of the Member States for 2030 and committing to the collective achievement of climate neutrality by 2035 in the land use, forestry and agriculture sector, and (EU) 2018/1999 as regards improvement in monitoring, reporting, tracking of progress and review (COM/2021/554 final).
Amendment 273 #
2022/0195(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In the final report of the Conference on the Future of Europe, citizens call on the Union to protect and restore biodiversity, the landscape and oceans, eliminate pollution and to foster knowledge, awareness, education, and dialogues on environment, climate change, energy use, and sustainability while at the same time ensuring food security.63 _________________ 63 Conference on the Future of Europe – Report on the Final Outcome, May 2022, Proposal 2 (1, 4, 5) p. 44, Proposal 6 (6) p. 48.
Amendment 280 #
2022/0195(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Soils are an integral part of terrestrial ecosystems. The Commission’s 2021 Communication ‘EU Soil Strategy for 2030’64 outlines the need to restore degraded soils and enhance soil biodiversity. The interests of landowners and land managers should be adequately taken into account. _________________ 64 Communication from the Commission to the European Parliament, Council, the European Economic and Social Committee and the Committee of the Regions. EU Soil Strategy for 2030 Reaping the benefits of healthy soils for people, food, nature and climate (COM/2021/699 final).
Amendment 287 #
2022/0195(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) A framework and guidance67 already exist to determine good condition of habitat types protected under Directive 92/43/EEC and to determine sufficient quality and quantity of the habitats of species falling within the scope of that Directive. Restoration targets for those habitat types and habitats of species can be set based on that framework and guidance. However, such restoration will not be enough to reverse biodiversity loss and recover all ecosystems. Therefore, additional obligationproduction-integrated commitments should be established based on specific indicators in order to enhance biodiversity at the scale of wider ecosystems while at the same time guaranteeing food security. _________________ 67 DG Environment. 2017, “Reporting under Article 17 of the Habitats Directive: Explanatory notes and guidelines for the period 2013-2018” and DG Environment 2013, “Interpretation manual of European Union habitats Eur 28”.
Amendment 291 #
2022/0195(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Building on Directives 92/43/EEC and 2009/147/EC and in order to support the achievement of the objectives set out in those Directives, Member States should put in place restoration measures to ensure the recovery of protected habitats and species, including wild birds, across Union areas, also in areas that fall outside Natura 2000.;
Amendment 292 #
2022/0195(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Building on Directives 92/43/EEC and 2009/147/EC and in order to support the achievement of the objectives set out in those Directives, Member States should put in place restoration measures to ensure the recovery of protected habitats and species, including wild birds, across Union areas, also in areas that fall outside Natura 2000.
Amendment 293 #
2022/0195(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Voluntary and participatory approaches are preferable to regulatory measures in order to increase the acceptance of all actors in the implementation of the restoration and development objectives.
Amendment 298 #
2022/0195(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) DAppropriate deadlines should therefore be established for putting in place restoration measures within and beyond Natura 2000 sites, in order to gradually improve the condition of protected habitat types across the Union as well as to re-establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the Union is reached. In order to give the necessary flexibility to Member States to put in place large scale restoration efforts, it is appropriate to group habitat types according to the ecosystem to which they belong and set the time-bound and quantified area-based targets for groups of habitat types. This will allow Member States to choose which habitats to restore first within the group.
Amendment 300 #
2022/0195(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Deadlines should therefore be established for putting in place restoration measures within and beyond Natura 2000 sites, in order to gradually improve the condition of protected habitat types across the Union as well as to re-establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the Union is reached. In order to give the necessary flexibility to Member States to put in place large scale restoration efforts, it is appropriate to group habitat types according to the ecosystem to which they belong and set the time-bound and quantified area-based targets for groups of habitat types. This will allow Member States to choose which habitats to restore first within the group.
Amendment 301 #
2022/0195(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) If the favourable conservation status is not reached, a review should be carried out to determine why the favourable conservation status could not be achieved.
Amendment 303 #
2022/0195(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Similar requirements should be set for the habitats of species that fall within the scope of Directive 92/43/EEC and habitats of wild birds that fall within the scope of Directive 2009/147/EC, having special regard to the connectivity needed between both of those habitats in order for the species populations to thrive. Thereby intra-specific interactions that occur between individuals of the same species and inter-specific interactions that occur between two or more species need to be examined and taken into account.
Amendment 310 #
2022/0195(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure that the restoration and development measures are efficient and that their results can be measured over time, it is essential that the areas that are subject to such restoration and development measures, with a view to improving the condition of habitats that fall within the scope of Annex I to Directive 92/43/EEC, to re-establish those habitats and to improve their connectivity, show a continuous improvement until good condition is reached. To measure the efficiency of the restoration and development measures, EU-wide common standards should apply.
Amendment 312 #
2022/0195(COD)
(31a) Successful habitat restoration requires understanding species life cycles and interactions, and the food, water, nutrients, space, and shelter that is necessary to sustain species populations. In some areas, restoration may not succeed in re-establishing the full assemblage of native species or the full extent of the original ecosystem’s structure and function due to environmental conditions such as climate change. In these cases, new ecosystems and habitats need to be developed.
Amendment 323 #
2022/0195(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) It is important to ensure a gradual increase of the quality and quantity of the habitats of species that fall within the scope of Directive 92/43/EEC, as well as habitats of wild birds falling within the scope of Directive 2009/147/EC, taking into account product-integrated commitments across the territory of Member States and ultimately of the Union, until it is sufficient to ensure the long-term survival of those species.
Amendment 327 #
2022/0195(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) It is important that the areas covered by habitat types falling within the scope of this Regulation do not deteriorate as compared to the current situation, considering the current restoration needs and the necessity not to further increase the restoration needs in the future. It is, however, appropriate to consider the possibility of force majeure, which may result in the deterioration of areas covered by those habitat types, as well as unavoidable habitat transformations which are directly caused by climate change, or as a result of a plan or project of overriding public interest, for which no less damaging alternative solutions are available, to be determined on a case by case basis, or of a plan or project authorised in accordance with Article 6(4) of Directive 92/43/EEC and on measures which are introduced to guarantee food security. Member States should provide scientific evidence for these exceptions.
Amendment 346 #
2022/0195(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) To support the restoration and non- deterioration of terrestrial, freshwater, coastal and marine habitats, Member States haveshould ensure, as far as possible, the continued, long-term and sustainable impact of the restoration and development measures, including, where appropriate, the possibility to designate additional areas as ‘protected areas’ or ‘strictly protected areas’, to implement other effective area- based conservation measures, and to promote private land conservation measures.
Amendment 347 #
2022/0195(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) To support the restoration and non- deterioration of terrestrial, freshwater, coastal and marine habitats, Member States haveshould ensure, as far as possible, the continued, long-term and sustainable impact of the restoration measures, including, where appropriate, the possibility to designate additional areas as ‘protected areas’ or ‘strictly protected areas’, to implement other effective area-based conservation measures, and to promote private land conservation measures.
Amendment 355 #
2022/0195(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) With artificial light increasing, light pollution has become a pertinent issue. Its sources include building exterior and interior lighting, advertising, commercial properties, offices, factories, streetlights, and illuminated sporting venues. Light pollution is a driver of insect declines. Many insects are drawn to light, but artificial lights can create a fatal attraction. Declining insect populations negatively impact all species that rely on insects for food or pollination. Some predators exploit this attraction to their advantage, affecting food webs in unanticipated ways.
Amendment 357 #
2022/0195(COD)
Proposal for a regulation
Recital 43 b (new)
Recital 43 b (new)
(43b) The sealing off of surfaces in cities has significant effects on factors such as biodiversity, water retention and heat stress. Gardens should be given special attention in this respect as depaving gardens can have large effects on water retention and urban heat stress at local level.
Amendment 363 #
2022/0195(COD)
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44a) Urban green space designated in existing land-use plans of local authorities or through other local instruments of spatial function assignment shall be considered, especially those that are indicated for networking functions within the biotope network, for example urban green spaces that are enabling the exchange between flora and fauna. Where possible, data measurement tools for a more detailed individual assessment of green spaces, where green roofs, individual trees and private gardens, for example, can also be taken into account.
Amendment 370 #
2022/0195(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The EU Biodiversity Strategy for 2030 requires greater efforts to restore freshwater ecosystems and the natural functions of rivers. The restoration of freshwater ecosystems should include efforts to restore the natural longitudinal and lateral connectivity of rivers as well as their riparian areas and floodplains, including through the removal of barriers with a view to supporting the achievement of favourable conservation status for rivers, lakes and alluvial habitats and species living in those habitats protected by Directives 92/43/EEC and 2009/147/EC, and the achievement of one of the key objectives of the EU Biodiversity Strategy for 2030, namely, the restoration of at least 25 000 km of free-flowing rivers. When removing barriers, Member States should primarily address obsolete barriers, which are those that are no longer needed for renewable energy generation, inland navigation, water supply or other uses, without restricting the use of hydroelectric power.
Amendment 376 #
2022/0195(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45a) Member States should ensure that Union environmental law is applied to the deployment of energy from renewable sources, the related transmission and distribution network elements as well as storage facilities based on the principle that the species protection refers to the entire population and not to the individual specimens.
Amendment 380 #
2022/0195(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) In the Union, pollinators have dramatically declined in recent decades, with one in three bee species and butterfly species in decline, and one in ten such species on the verge of extinction. Pollinators are essential for the functioning of terrestrial ecosystems, human wellbeing and food security, by pollinating wild and cultivated plants. Almost EUR 5 000 000 000 of the EU’s annual agricultural output is directly attributed to insect pollinators70 . _________________ 70 Vysna, V., Maes, J., Petersen, J.E., La Notte, A., Vallecillo, S., Aizpurua, N., Ivits, E., Teller, A., Accounting for ecosystems and their services in the European Union (INCA). Final report from phase II of the INCA project aiming to develop a pilot for an integrated system of ecosystem accounts for the EU. Statistical report. Publications office of the European Union, Luxembourg, 2021.
Amendment 385 #
2022/0195(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 387 #
2022/0195(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) The proposal for a Regulation of the European Parliament and of the Council on the sustainable use of plant protection products [for adoption on 22 June 2022, include title and number of the adopted act when available] aims to regulate one of the drivers of pollinator decline by prohibiting the use of pesticides in ecologically sensitive areas, many of which are covered by this Regulation, for example areas sustaining pollinator species which the European Red Lists76 classify as being threatened with extinction. Agricultural and forest ecosystems that are dedicated to the production of food, fodder and renewable raw materials are of specific socio-economic importance. Their production function should not be undermined. _________________ 76 European Redlist - Environment - European Commission (europa.eu)
Amendment 396 #
2022/0195(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Sustainable, resilient and biodiverse agricultural ecosystems are needed to provide safe, sustainable, nutritious and affordable food. Biodiversity-rich agricultural ecosystems also increase agriculture’s resilience to climate change and environmental risks, while ensuring food safety and security and creating new jobs in rural areas, in particular jobs linked to organic farming as well as rural tourism and recreation. Therefore, the Union needs to improve the biodiversity in its agricultural lands, through a variety of existing practices beneficial to or compatible with the biodiversity enhancement, including extensive agriculture. Extensive agriculture is vital for the maintenance of many species and habitats in biodiversity rich areas. There are many extensive agricultural practices which have multiple and significant benefits on the protection of biodiversity, ecosystem services and landscape features such as precision agriculture, new breeding techniques, organic farming, agro-ecology, agroforestry and low intensity permanent grassland.
Amendment 398 #
2022/0195(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Restoration measures need to be put in place to enhance the biodiversity of agricultural ecosystems across the Union, including in the areas not covered by habitat types that fall within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of agricultural ecosystems that would allow setting specific restoration targets for agricultural ecosystems, it is appropriate to set a generalthat fall within the scope of Directive 92/43/EEC. The obligation to improve biodiversity in agricultural ecosystems and measure the fulfilment of that obligation on theshould basise ofn existing indicators taking into account product- integrated commitments.
Amendment 410 #
2022/0195(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) High-diversity landscape features on agricultural land, non productive areas and land use with high diversity in rural areas, including buffer strips, rotational or non-rotational fallow land, hedgerows, organic farmland, compensation areas, intercrops, extensive farmland, individual or groups of trees, tree rows, field margins, patches, ditches, streams, small wetlands, terraces, cairns, stonewalls, small ponds and cultural features, provide space for wild plants and animals, including pollinators, prevent soil erosion and depletion, filter air and water, support climate change mitigation and adaptation and agricultural productivity of pollination-dependent crops. Productive trees that are part of arable land agroforestry systems and productive elements in non-productive hedges can also be considerd as high biodiversity landscape features provided that they do not receive mineral fertilizers or pesticide treatment and if harvest takes place only at moments where it would not compromise high biodiversity levels. Therefore, a requirement to ensure an increasing trend for the share of agricultural land with high-diversity landscape features in rural areas should be set out. Such a requirement would enable the Union to achieve one of the other key commitments of the EU Biodiversity Strategy for 2030, namely, to cover at least 10 % of agricultural area with high-diversity landscape features. Increasing trends should also be achieved for other existing indicators, such as the grassland butterfly index and the stock of organic carbon in cropland mineral soils.
Amendment 415 #
2022/0195(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) High-diversity landscape features on agricultural land, non-productive areas and land use with high diversity in rural areas, including buffer strips, rotational or non-rotational fallow land, hedgerows, organic farmland, compensation areas, intercrops, extensive farmland, individual or groups of trees, tree rows, field margins, patches, ditches, streams, small wetlands, terraces, cairns, stonewalls, small ponds and cultural features, provide space for wild plants and animals, including pollinators, prevent soil erosion and depletion, filter air and water, support climate change mitigation and adaptation and agricultural productivity of pollination-dependent crops. Productive trees that are part of arable land agroforestry systems and productive elements in non-productive hedges can also be considerd as high biodiversity landscape features provided that they do not receive mineral fertilizers or pesticide treatment and if harvest takes place only at moments where it would not compromise high biodiversity levels. Therefore, a requirement to ensure an increasing trend for the share of agricultural land with high- diversity landscape features should be set out. Such a requirement would enable the Union to achieve one of the other key commitments of the EU Biodiversity Strategy for 2030, namely, to cover at least 104 % of agricultural area with high-diversity landscape features. Increasing trends should also be achieved for other existing indicators, such as the grassland butterfly index and the stock of organic carbon in cropland mineral soils.
Amendment 419 #
2022/0195(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) The Common Agricultural Policy (CAP) is focused on social, environmental and economic goals and aims to support and strengthen environmental protection, including biodiversity. The policy has among its specific objectives to contribute to halting and reversing biodiversity loss, enhance ecosystem services and preserve habitats and landscapes. The new CAP conditionality standard Nr. 8 on Good Agricultural and Environmental Conditions (GAEC 8)77 , requires beneficiaries of area related payments to have at least 4% of arable land at farm level devoted to non- productive areas and features, including land lying fallow and to retain existing landscape features. The 4% share to be attributed to compliance with that GAEC standard can be reduced to 3 % if certain pre-requisites are met78 . That obligation will contribute to Member States reaching a positive trend in high-diversity landscape features on agricultural land. In addition, under the CAP, Member States have the possibility to set up eco-schemes for agricultural practices carried out by farmers on agricultural areas that may include maintenance and creation of landscape features or non-productive areas. Similarly, in their CAP strategic plans, Member States can also include agri- environment-climate commitments including the enhanced management of landscape features going beyond conditionality GAEC 8 and/or eco- schemes. LIFE nature and biodiversity projects will also help to put Europe's biodiversity on agricultural land on a path to recovery by 2030, by supporting the implementation of Directive 92/43/EEC and Directive 2009/147/EC as well as the EU Biodiversity Strategy for 2030. _________________ 77 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013, OJ L 435, 6.12.2021, p. 1, 78 Where a farmer commits to devote at least 7% of his/her arable land to non- productive areas or features, including land lying fallow, under an enhanced eco- scheme or if there is a minimum share of at least 7 % of arable land at farm level that includes also catch crops or nitrogen fixing crops, cultivated without the use of plant protection products.
Amendment 420 #
2022/0195(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) Restoration and rewetting79 of organic soils80 in agricultural use (i.e. under grassland and cropland use) constituting drained peatlands help achieve significant biodiversity benefits, an important reduction of green-house gas emissions and other environmental benefits, while at the same time contributing to a diverse agricultural landscape. Member States can choose from a wide range of restoration measures for drained peatlands in agricultural use spanning from converting cropland to permanent grassland, water level management, and extensification measures accompanied by reduced drainage, to full rewetting with the opportunity of paludicultural use, photovoltaic systems or the establishment of peat-forming vegetation. In case where an ecosystem is so affected by human activity or its natural condition is such that it may be unfeasible or unreasonably expensive to achieve good status, less stringent environmental objectives may be set on the basis of appropriate, evident and transparent criteria, and all practicable steps should be taken to prevent any further deterioration of the status of the ecosystem. The most significant climate benefits are created by restoring and rewetting cropland followed by the restoration of intensive grassland. Member States shall draft national restoration and development plans in cooperation with relevant stakeholders, outlining voluntary measures that landowners and land managers can choose to implement in rural areas. To allow for a flexible implementation of the restoration target for drained peatlands under agricultural use Member States may count the restoration measures and rewetting of drained peatlands in areas of peat extraction sites as well as, to a certain extent, the restoration and rewetting of drained peatlands under other land uses (for example forest) as contributing to the achievement of the targets for drained peatlands under agricultural use. _________________ 79 Rewetting is the process of changing a drained soil into a wet soil. Chapter 1 of IPCC 2014, 2013 and Supplement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories: Wetlands, Hiraishi, T., Krug, T., Tanabe, K., Srivastava, N., Baasansuren, J., Fukuda, M. and Troxler, T.G. (eds). 80 The term ‘organic soil’ is defined in IPCC 2006, 2006 IPCC Guidelines for National Greenhouse Gas Inventories, Prepared by the National Greenhouse Gas Inventories Programme, Eggleston H.S., Buendia L., Miwa K., Ngara T. and Tanabe K. (eds).
Amendment 426 #
2022/0195(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In order to reap the full biodiversity benefits, restoration and rewetting of areas of drained peatland should extend beyond the areas of wetlands habitat types listed in Annex I of Directive 92/43/EEC that are to be restored and re-established. Data about the extent of organic soils as well as their greenhouse gas emissions and removals are monitored and made available by LULUCF sector reporting in national greenhouse gas inventories by Member States, submitted to the UNFCCC. Restored and rewetted peatlands can continue to be used productively in alternative ways. For example, paludiculture, the practice of farming on wet peatlands, can include cultivation of various types of reeds, certain forms of timber, blueberry and cranberry cultivation, sphagnum farming, and grazing with water buffaloes. Such practices should be based on the principles of sustainable management and aimed at enhancing biodiversity so that they can have a high value both financially and ecologically. Paludiculture can also be beneficial to several species which are endangered in the Union and can also facilitate the connectivity of wetland areas and of associated species populations in the Union. Funding for measures to restore and rewet drained peatlands and to compensate possible losses of income can come from a wide range of sources, including expenditure under the Union budget and Union financing programmes. Programmes for long-term financing are to be developed for this purpose.
Amendment 435 #
2022/0195(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The new EU Forest Strategy for 203081 outlined the need to restore forest biodiversity. Forests and other wooded land cover over 43,5 % of the EU’s land space. Forest ecosystems that host rich biodiversity are vulnerable to climate change but are also through their multifunctional use a natural ally in adapting to and fighting climate change and climate-related risks, including through their carbon-stock and carbon-sink functions, and provide many other vital ecosystem services and benefits, such as the provision of timber and wood, food and other non-wood products, climate regulation, soil stabilisation and erosion control and the purification of air and water. _________________ 81 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. New EU Forest Strategy for 2030 (COM/2021/572 final).
Amendment 437 #
2022/0195(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Restoration measures need toshould be put in place to enhance the biodiversity of forest ecosystems across the Union, including in the areas not covered by habitat types falling within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of forest ecosystems that would allow for the setting of specific restoration targets for forest ecosystems, it is appropriate to set a general obligation to improve biodiversity in forest ecosystems and measure the fulfilment of that obligation on the basis of existing indicators, such as standing and lying deadwood, the shThe focus should be on improving biodiversity and the resilience of forest ecosystems and, where possible, to measure on the basis of existing and new indicators, such as the share of forests with uneven-aged structure, forest connectivity, dead wood lying and standing in quantity per hectare; vertical structure richness (single layer, multi-layered, multi-layered); location and climate-related tree species composition as a share of the total forest area; nutrient sustainability in representative areas; change in percent of forest stand; share of timber construction in the construction volume and share of wood chemically valued in the volume of wood; area of forests with uneven-aged structure, forest connectivity, the commonhere effective measures have been taken to increase resilience to climate change; ecosystem service water protection; research ecosystem services health, recreation and education in the forest and tree species composition. In view of the ever- increasing risk of forest bfird index82 , and the stock of organic carbon. _________________ 82 Common bird index (EU aggregate) - Products Datasets - Eurostat (europa.eu)es caused by climate change, Member States should take into account when setting the targets of increasing the proportion of deadwood, the share of forests with uneven age structure and the networking of forests, the risk of forest fires.
Amendment 446 #
2022/0195(COD)
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57a) The EU Biodiversity Strategy for 2030 sets the target of planting at least three billion climate-adapted additional trees by 2030 in all habitats, while respecting ecological principles. This objective should be fully incorporated into this Regulation. This initiative counteracts the continuing trend of net decline in forest land and the loss of trees in urban areas in the Union, contributes to some of the restoration objectives set out in this Regulation and strengthens the production of wood and other by-products such as fruit and honey. Over time, it will also contribute to increasing the forest area as well as the trees in urban areas and other landscape components in the Union, thus increasing the CO2 sink and CO2 storage in the soil. The new EU Forest Strategy for 2030 sets out a roadmap for the implementation of this objective, based on the general principle of planting and maintaining the right tree in the right place and for the right purpose.
Amendment 452 #
2022/0195(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) To ensure synergies between the different measures that have been, and are to be put in place to protect, conserve and restore nature in the Union, Member States should take into account, when preparing their national restoration plans: the conservation measures established for Natura 2000 sites and the prioritised action frameworks prepared in accordance with Directives 92/43/EEC and 2009/147/EC; measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC; marine strategies for achieving good environmental status for all Union marine regions prepared in accordance with Directive 2008/56/EC; national air pollution control programmes prepared under Directive (EU) 2016/2284; national biodiversity strategies and action plans developed in accordance with Article 6 of the Convention on Biological Diversity, as well as conservation measures adopted in accordance with Regulation 1380/2013 and technical measures adopted in accordance with Regulation (EU) 2019/1241 of the European Parliament and of the Council83 The conservation measures established for Natura 2000 sites and the prioritised action frameworks prepared in accordance with Directives 92/43/EEC and 2009/147/EC should be reviewed in light of the objectives of this regulation and adjusted if necessary. _________________ 83 Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).
Amendment 462 #
2022/0195(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) In order to ensure coherence between the objectives of this Regulation and Directive (EU) 2018/200184 , Regulation (EU) 2018/199985 and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources86 , in particular, during the preparation of national restoration plans, Member States should take account ofintroduce measures which do not hinder the potential for renewable energy projects to make contributions towards meeting nature restoration objectives. _________________ 84 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). 85 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1). 86 Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).
Amendment 466 #
2022/0195(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) Considering the importance of addressing consistently the dual challenges of biodiversity loss and climate change, the restoration of biodiversity and the guarantee of food security should take into account the deployment of renewable energy and vice versa. The Communication on REPowerEU: Joint European Action for more affordable, secure and sustainable energy87 states that Member States should swiftly map, assess and ensure suitable land and sea areas that are available for renewable energy projects, commensurate with their national energy and climate plans, the contributions towards the revised 2030 renewable energy target and other factors such as the availability of resources, grid infrastructure and the targets of the EU Biodiversity Strategy. The Commission proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency88 and the Commission recommendation on accelerating permitting for renewable energy projects and facilitating Power Purchase Agreements89 , both adopted on 18 May 2022, also provide for the identification of renewables go-to areas. Those are specific locations, whether on land or sea, particularly suitable for the installation of plants for the production of energy from renewable sources, other than biomass combustion plants, where the deployment of a specific type of renewable energy is not expected to have significant environmental impacts, in view of the particularities of the selected territory. Member States should give priority to artificial and built surfaces, such as rooftops, transport infrastructure areas, parking areas, waste sites, industrial sites, mines, artificial inland water bodies, lakes or reservoirs, and, where appropriate, urban waste water treatment sites, as well as degraded land not usable for agriculture. In the designation of renewables go-to areas, Member States should avoid protected areas and consider their national nature restoration plans. Member States should coordinate the development of national restoration plans with the designation of the renewables go-to areas. During the preparation of the nature restoration plans, Member States should ensure synergies withpriority to the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001, remain unchanged and not be in conflict with a certain form of renewables. _________________ 87 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU: Joint European Action for more affordable, secure and sustainable energy (COM/2022/108 final). 88 Proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency, COM/2022/222 final. 89 Commission recommendation on speeding up permit-granting procedures for renewable energy projects and facilitating Power Purchase Agreements, C(2022) 3219 final.
Amendment 479 #
2022/0195(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) The European Environment Agency (the ‘EEA’) should support Member States in preparing the national restoration plans, as well as in monitoring progress towards meeting the restoration and development targets and obligations. The Commission should assess whether the national restoration plans are adequate for achieving those targets and obligations. In order to meet these restoration and development targets, monitoring systems and intermediate targets need to be established to check whether the measures are leading to changes that meet the targets.
Amendment 495 #
2022/0195(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) The achievement of the objectives and obligations set out in this Regulation requires significant human and financial resources. Resources are needed not only for the designation, assessment and verification of habitat types, but also sufficient financial resources to compensate to the extent necessary the management restrictions or additional expenditure associated with the implementation, in particular on land used for agriculture and forestry. To ensure the achievement of the targets and obligations set out in this Regulation, it is therefore of utmost importance that adequate private and public investments are made in restoration, Member States should integrate expenditure for biodiversity objectives, including in relation to opportunity and transition costs resulting from the implementation of the national restoration plans, in their national budgets and reflect how Union funding is used. Regarding the Union funding, expenditure under the Union budget and Union financing programmes, such as the Programme for the Environment and Climate Action (LIFE)96 , the European Maritime Fisheries and Aquaculture Fund (EMFAF)97 , the European Agricultural Fund for Rural Development (EAFRD)98 , the European Agricultural Guarantee Fund (EAGF), the European Regional Development Fund (ERDF), the Cohesion Fund99 and the Just Transition Fund100 , as well as the Union framework programme for research and innovation, Horizon Europe101 , contributes to biodiversity objectives with the ambition to dedicate 7,5 % in 2024, and 10 % in 2026 and in 2027 of annual spending under the 2021-2027 Multiannual Financial Framework102 to biodiversity objectives. For the farmer, the demand for more extensive farming of agricultural land with higher requirements and standards will lead to lower yields, an increased effort and higher costs. The result is possible competitive disadvantages in a globalised market. At the same time, as part of the Green Deal, the requirements for farmers will continue to rise not only in the area of biodiversity protection, but also in the field of environmental, climate protection and animal welfare. The resources of the Common Agricultural Policy through the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) must therefore be deposited with corresponding additional appropriations. In addition to increased environmental, climate and animal welfare objectives and the increasing need to finance adaptation measures to climate change, the Common Agricultural Policy must continue to ensure the supply of high-quality and healthy food to the population at reasonable prices, to a sufficient extent to ensure income for family farms and to strengthen rural areas. The Recovery and Resilience Facility (RRF)103 is a further source of funding for the protection and restoration of biodiversity and ecosystems. With reference to the LIFE Programme, special attention should be given to the appropriate use of the Strategic Nature Projects (SNaPs) as a specific tool that could support the implementation of this Regulation, by way of mainstreaming available financial resources in an effective and efficient way. _________________ 96 Regulation (EU) 2021/783 of the European Parliament and of the Council of 29 April 2021 establishing a Programme for the Environment and Climate Action (LIFE), and repealing Regulation (EU) No 1293/2013 (OJ L 172, 17.5.2021, p. 53). 97 Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 (OJ L 247, 13.7.2021, p. 1). 98 Regulation (EU) 2020/2220 of the European Parliament and of the Council of 23 December 2020 laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) in the years 2021 and 2022 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards resources and application in the years 2021 and 2022 and Regulation (EU) No 1308/2013 as regards resources and the distribution of such support in respect of the years 2021 and 2022 (OJ L 437, 28.12.2020, p. 1). 99 Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60). 100 Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund (OJ L 231 30.06.2021, p. 1). 101 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013(OJ L 170, 12.5.2021, p. 1). 102 Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433I , 22.12.2020, p. 11). 103 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17).
Amendment 502 #
2022/0195(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70a) Notwithstanding the current expenditure under the Union budget and Union financing programmes, in view of the revision of the multiannual financial framework and the preparation of a multiannual financial framework for the next programming period, and in view of facilitating the implementation of this Regulation, the Commission should present new budgetary options such as the reallocation of funds and the establishment of a permanent dedicated nature restoration fund.
Amendment 507 #
2022/0195(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) Member States should promote a fair and cross-society approachThe involvement of owners, land users and their representatives, broad public and stakeholder support for the recovery and their taking over of responsibility are necessary conditions for the successful implementation of this Regulation. Member States should promote a fair, open, transparent, inclusive, effective and cross-society approach by involving owners and land users in the preparation and, implementation and revision of their national restoration plans, by including processes for participation of the public and by considering the needs of local communities and stakeholders. Member States should also actively promote awareness of the importance of biodiversity and the restoration of nature, and should address young people through programmes and concrete projects, as well as through education and general information.
Amendment 516 #
2022/0195(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) In line with the commitment in the 8th Environment Action Programme to 2030107 , Member States should phase out environmentally harmful subsidies at national level, making the best use of market-based instruments and green budgeting tools, including those required to ensure a socially fair transition, and supporting businesses and other stakeholders in developing standardised natural capital accounting practices. _________________ 107 [Reference to be added when the 8th EAP has been published].
Amendment 526 #
2022/0195(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in order to specify the method for monitoring pollinators, to specify the methods for monitoring the indicators for agricultural ecosystems listed in Annex IV to this Regulation and the indicators for forest ecosystems listed in Annex VI to this Regulation, to develop a framework for setting the satisfactory levels of pollinators, of indicators for agricultural ecosystems listed in Annex IV to this Regulation and of indicators for forest ecosystems listed in Annex VI to this Regulation, and to specify the methods for monitoring urban green space and of urban tree canopy cover, to set out a uniform format for the national restoration plans, to set out the format, structure and detailed arrangements for reporting data and information electronically to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council108 . _________________ 108 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 530 #
2022/0195(COD)
Proposal for a regulation
Recital 77
Recital 77
(77) The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, that evaluation should be based on the criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures. In addition, the Commission should assess the need to establish additional restoration targets, based on common methods for assessing the condition of ecosystems not covered by Articles 4 and 5, taking into account the most recent scientific evidence.
Amendment 537 #
2022/0195(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the continuous, long-term and sustained recovery of biodiverse and resilient nature across the Union’s land and sea areas through the restoration of ecosystemsmaintenance, enhancement, restoration and development of ecosystems while guaranteeing food security;
Amendment 558 #
2022/0195(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation establishes a framework within which Member States shall put in place, without delay, effective and area-based restoration and development measures which together shall cover,maintain, enhance or restore by 2030, at least 20 % of the Union’s land and sea areas in need of restoration and, by 2050, all ecosystems in need of restoration while guaranteeing food security. All measures shall not prevent any sustainable use.
Amendment 615 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3a) 'development' means to create ecosystems in areas where lost species cannot be brought back due to a change of the environment and climate;
Amendment 623 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘good condition’ means a state where the key characteristics of an ecosystem, namely its physical, chemical, compositional, structural and functional state, and its landscape and seascape characteristics, reflect the high level of ecological integrity, stability and resilience necessary to ensure its long-term maintenance and productivity;
Amendment 655 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7a) 'sustainable forest management' means the stewardship and use of forests and forest lands in a way, and at a rate, that maintains their biodiversity, productivity, regeneration capacity, vitality and their potential to fulfil, now and in the future, relevant ecological, economic and social functions, at local, national, and global levels, and that does not cause damage to other ecosystems;
Amendment 656 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 b (new)
Article 3 – paragraph 1 – point 7 b (new)
(7 b) 'sustainable agricultural activity' is an agricultural activity in a Member State of the European Union if it is carried out in accordance with the provisions set out in Annex III to Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 laying down rules on support for strategic plans to be drawn up by Member States under the Common Agricultural Policy and to be financed by the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) (CAP Strategic Plans);
Amendment 657 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 c (new)
Article 3 – paragraph 1 – point 7 c (new)
(7 c) 'production-integrated commitments' are measures to promote biodiversity that are integrated into agricultural or forestry production;
Amendment 671 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘urban green space’ means all green urban areas; broad-leaved forests; coniferous forests; mixed forests; natural grasslands; moors and heathlands; transitional woodland-shrubs and sparsely vegetated areas -; green roofs, green walls and private gardens as found within cities or towns and suburbs calculated on the basis of data provided by the Copernicus Land Monitoring Service as established by Regulation (EU) 2021/696 of the European Parliament and of the Council110 ;and based on existing land-use plans of local authorities or other local instruments of spatial function assignment. _________________ 110 Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69).
Amendment 682 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)
Article 3 – paragraph 1 – point 15 a (new)
(15a) ‘restoration of the natural connectivity of rivers and natural functions of the related floodplains’ means: (i) the removal or the equipment of artificial structures in order to ensure the sufficient free-flowing character of water, sediment, nutrients, matter and organisms along river systems; (ii) the rehabilitation of hydrological, morphological and biological connectivity between wetlands, floodplains and their river channels; and (iii) the recovery of fluvial processes in general, which are necessary to support a healthy freshwater ecosystem.
Amendment 694 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15 b (new)
Article 3 – paragraph 1 – point 15 b (new)
(15 b) ‘wetting’ means any deliberate action aimed at bringing the water level of a drained peat land, i.e. the position relative to the surface, as far as possible, close to the original peat land;
Amendment 710 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall put in place the restoration and development measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I thain the Member State and in the respective biogeographical region listed in Annex I which are not in good condition taking into account the food security. Such measures shall be in place on the area until it is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 650 % by 2040, and on at least 90 % by 2050 respecting production-integrated commitments .
Amendment 718 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Following the availability of a revised Union-wide methodology for the status survey of habitat types and species protected under the Habitats Directive, Member States shall put in place the restoration and development measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I that is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050, respecting production-integrated commitments.
Amendment 725 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The restoration and development measures referred to in paragraphs 1, 2 and 3 shall be taken exclusively in the areas protected by Directive 92/43/EEC and Directive 2009/147/EC (Natura 2000 sites).
Amendment 729 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 734 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Once the data on habitat types referred to in Article 19(8) are available, Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas not covered by those habitat types, provided that climatic conditions still allow this. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types listed in Annex I, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 650 % of that surface by 2040, and 100 % of that surface by 2050, taking into account all areas and land uses equally for this purpose and respecting production- integrated commitments.
Amendment 755 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall put in place the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved respecting production-integrated commitments.
Amendment 756 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall put in place the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved.
Amendment 761 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article. Areas where the habitat types listed in Annex I are in unknown condition shall be subject to monitoring and reporting without delay and shall be considered as not being in a good condition if no such monitoring and reporting are in place after three years of this regulation coming into force.
Amendment 780 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The restoration and development measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex I and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types and the food security.
Amendment 793 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Member States shall entake appropriate and effective measures that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the species has been reached, do not deteriorate irreversibly by human or non- human actions.
Amendment 801 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex I occur do not deterioratesignificantly deteriorate in relation to the objectives of the Directive 92/43/EEC to promote the maintenance of biodiversity, taking account of economic, social, cultural and regional requirements and food security.
Amendment 805 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex I occur do not deteriorate irreversibly by human or non-human actions.
Amendment 816 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. (7a) where, due to the different requirements of the habitat types listed in paragraphs 1 and 2 of Annex I and of the species referred to in paragraph 3, the obligations referred to in paragraphs 6 and 7 are not complied with, it shall be weighed for the benefit of which habitat types or species restoration measures are taken. Non-compliance with the obligations relating to the other habitat types or species is justified by this.
Amendment 819 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7 b (new)
Article 4 – paragraph 7 b (new)
7b. If Member States, due to the regional specificities, cannot meet the obligations referred to in paragraphs 6 and 7 and Article 9(4), exceptions are justified.
Amendment 820 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
Amendment 835 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point a a (new)
Article 4 – paragraph 8 – point a a (new)
(aa) to guarantee food security;
Amendment 846 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point b
Article 4 – paragraph 8 – point b
(b) unavoidable habitat transformations or other circumstances, which are directly caused by climate change; or
Amendment 851 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point c
Article 4 – paragraph 8 – point c
(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis for which Member States have to provide evidence for these exceptions.
Amendment 872 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point c a (new)
Article 4 – paragraph 8 – point c a (new)
(ca) measures to maintain food security, production of food and renewable resources.
Amendment 895 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 9 – point a a (new)
Article 4 – paragraph 9 – point a a (new)
(aa) to guarantee food security;
Amendment 908 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 9 – point b
Article 4 – paragraph 9 – point b
(b) unavoidable habitat transformations or other circumstances which are directly caused by climate change: or
Amendment 934 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 10 – point a
Article 4 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached;
Amendment 935 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 10 – point a
Article 4 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached;
Amendment 1007 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex II and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types and guarantee food security.
Amendment 1056 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 – point a a (new)
Article 5 – paragraph 8 – point a a (new)
(aa) to guarantee food security;
Amendment 1069 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 – point c
Article 5 – paragraph 8 – point c
(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis for which Member States are to provide evidence for these exceptions.
Amendment 1108 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 9 – point a a (new)
Article 5 – paragraph 9 – point a a (new)
(aa) to guarantee food security;
Amendment 1166 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that there is no net loss of urban green space, at aggregated national level and of urban tree canopy cover by 2030, compared to 2021, in all cities and in towns and suburbs. Member States shall cooperate with local and regional authorities, as well as managing authorities for achieving this based on existing legal frameworks.
Amendment 1178 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Member States shall ensure that there is an increase in the total national area of urban green space in cities and in towns and suburbs of at least 35 % of the total area of cities and of towns and suburbs in 2021, by 2040, and at least 510 % by 2050. Member States shall cooperate with local and regional authorities, as well as managing authorities. In addition Member States shall ensure:
Amendment 1196 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) a minimum of 120 % urban tree canopy cover in all cities and in towns and suburbs by 2050; and
Amendment 1203 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) a net gain of urban green space that is integrated into existing and new buildings and infrastructure developments, including through renovations and renewals as well as deconstruction and unsealing, in all cities and in towns and suburbs. Member States shall provide the necessary provisions to ensure the long-term permanence of new urban green spaces;
Amendment 1215 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) a reduction of the sealing of surfaces in private gardens;
Amendment 1217 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b b (new)
Article 6 – paragraph 2 – point b b (new)
(bb) to reduce light pollution.
Amendment 1226 #
2022/0195(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall make an inventory of barriers to longitudinal and lateral connectivity of surface waters and identify the barriers that need to be removed to contribute to the achievement of the restoration targets set out in Article 4 of this Regulation and of the objective of restoring at least 25 000 km of rivers into free-flowing rivers in the Union by 2030, without prejudice to Directive 2000/60/EC, in particular Articles 4(3), 4(5) and 4(7) thereof, and Regulation 1315/2013, in particular Article 15 thereof.the achievement of good ecological potential and good surface water chemical status as defined in Directive 2000/60/EC;
Amendment 1256 #
2022/0195(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall remove the barriers to longitudinal and lateral connectivity of surface waters identified under paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 12(2), point (f). When removing barriers, Member States shall primarily address obsolete barriers, which are those that are no longer neededwithout actual or potential use for renewable energy generation, inland navigation, flood protection, water supply or other uses.
Amendment 1267 #
2022/0195(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall opt to complement the removal of the barriers referred to in paragraph 2 by the measures necessary to improve the natural functions of the related floodplains.
Amendment 1282 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 1291 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The Commission will evaluate the current status of pollinator populations and, based on this, establish scientific indicators and propose measures to achieve positive trends in pollinator populations.
Amendment 1292 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 1298 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1309 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take into account social and economic requirements put in place the restoration and development measures necessary to enhance biodiversity in agricultural ecosystems, in addition to the areas that are subject to restoration and development measures under Article 4(1), (2) and (3) taking into account climate change, food security and securing socially and economically viable agricultural production.
Amendment 1321 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall achieve through sustainable agricultural activity an increasing trend at national level of each of the following indicators in agricultural ecosystems, as further specified in Annex IV, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every three years thereafter, until the satisfactory levels, identified in accordance with Article 11(3), are reached:
Amendment 1329 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 1340 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 1353 #
2022/0195(COD)
(c) share of agricultural landland in rural areas with high-diversity landscape features, non- productive areas and other land use with high biological diversity.
Amendment 1372 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. Member States shall put in place restoration measures to ensure that the common farmland bird index at national level based on the species specified in Annex V, indexed on … [OP please insert the date = the first day of the month following 12 months after the date of entry into force of this Regulation] = 1001.01.2020, reaches the following levels:
Amendment 1376 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
Amendment 1377 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) 110 by 20305, 120 by 20405 and 130 by 20505, for Member States listed in Annex V with historically more depleted populations of farmland birds;
Amendment 1382 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
Amendment 1383 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) 105 by 20305, 110 by 20405 and 115 by 20505, for Member States listed in Annex IV with historically less depleted populations of farmland birds.
Amendment 1390 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 1392 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
For organic soils in agricultural use constituting drained peatlands, Member States shall put in place restoration measures. Member States are obliged to develop a strategy for the protection, restoration and sustainable use of peatlands. The strategy should be set up and implemented in cooperation with land managers and landowners. Those measures shall be in place on at least:
Amendment 1407 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
Amendment 1418 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) 30 % of such areas by 2030, of which at least a quartersixth shall be rewetted;
Amendment 1424 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
Amendment 1433 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) 50 % of such areas by 2040, of which at least halfa quarter shall be rewetted;
Amendment 1440 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
Article 9 – paragraph 4 – subparagraph 1 – point c
Amendment 1461 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
In addition, Member States may put in place restoration measures to rewet organic soils that constitute drained peatlands under land uses other than agricultural use and peat extraction and count those rewetted areas as contributing, up to a maximum of 240%, to the achievement of the targets referred to in the first subparagraph, points (a), (b) and (c).
Amendment 1470 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Member States shall take measures to maintain cover-up, deforestation and depletion of extensively managed agricultural land, in particular extensive grassland in border yields and in the mountain area.
Amendment 1481 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall put in place the restoration and development measures necessary to enhance biodiversity and resistance of forest ecosystems, in addition to the areas that are subject to restoration and development measures pursuant to Article 4(1), (2) and (3).
Amendment 1489 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall achieve an increasing trend at national level of each of the following indicators in forest ecosystems, as further set out in Annex VI, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every three years thereafter, until the satisfactory levels identified in accordance with Article 11(3) are reached:in forest adaptation to climate change, as further set out in Annex VI.
Amendment 1493 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall achieve through sustainable forest management an increasing trend at national level of each of the following indicators in forest ecosystems, as further set out in Annex VI, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every three yearssix thereafter, until the satisfactory levels identified in accordance with Article 11(3) are reached:
Amendment 1497 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall achieve an increasing trend at national level of each of the following indicators in forest ecosystems, as further set out in Annex VI, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every threesix years thereafter, until the satisfactory levels identified in accordance with Article 11(3) are reached:
Amendment 1503 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
Amendment 1505 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) standing deadwooddead wood lying and standing in quantity per hectare;
Amendment 1509 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
Amendment 1513 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(ba) vertical structure richness (single layer, multi-layered, multi-layered);
Amendment 1517 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
Amendment 1524 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
Amendment 1525 #
Amendment 1527 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
Amendment 1532 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
Amendment 1535 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
Amendment 1536 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
Amendment 1545 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) location and climate-related tree species composition as a share of the total forest area;
Amendment 1551 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f b (new)
Article 10 – paragraph 2 – point f b (new)
(fb) regular review of nutrient sustainability in representative areas;
Amendment 1555 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f c (new)
Article 10 – paragraph 2 – point f c (new)
(fc) change in percent of forest stand;
Amendment 1556 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f d (new)
Article 10 – paragraph 2 – point f d (new)
(fd) share of timber construction in the construction volume and share of wood chemically valued in the volume of wood;
Amendment 1557 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f e (new)
Article 10 – paragraph 2 – point f e (new)
(fe) area of forests where effective measures have been taken to increase resilience to climate change;
Amendment 1558 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f f (new)
Article 10 – paragraph 2 – point f f (new)
(ff) ecosystem service water protection;
Amendment 1559 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f g (new)
Article 10 – paragraph 2 – point f g (new)
(fg) ecosystem services health, recreation and education in the forest;
Amendment 1560 #
Amendment 1578 #
2022/0195(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Planting 3 billion additional trees Member States shall contribute to the achievement of the Union’s objective of planting at least three billion climate- adapted additional trees in all habitats by 2030 in defining and implementing the restoration measures to meet the objectives and obligations set out in Articles 4, 6, 7, 8, 9 and 10.
Amendment 1581 #
2022/0195(COD)
Proposal for a regulation
Article 10 b (new)
Article 10 b (new)
Article 10 b Preservation of the effects of restoration measures 1. Member States shall ensure the continuous, long-term and sustained effects of the restoration measures referred to in Articles 4 to 10a, in accordance with Article 12(2), point (i), through effective means, including, when applicable, by the designation of protected areas, by the implementation of other effective area-based conservation measures, or by promoting private land conservation measures, taking into account the ecological requirements of the restored areas while guaranteeing food security. 2. When restoration measures apply to primary and old-growth forests, Member States shall strictly protect them.
Amendment 1587 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall prepare national restoration pland development plans involving owners, land users and their representatives and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the targets and obligations set out in Articles 4 to 10a and the Union’s overarching objectives as set out in Article 1, taking into account the latest scientific evidence.
Amendment 1611 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iii
Article 11 – paragraph 2 – point a – point iii
(iii) the favourable reference area taking into account the documented losses over at least the last 70 years and the projected changes to environmental conditions due to climate change;
Amendment 1621 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iv
Article 11 – paragraph 2 – point a – point iv
Amendment 1623 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iv
Article 11 – paragraph 2 – point a – point iv
(iv) the areas most suitable for the re- establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change and the conflicting preconditions of different habitat types and species;
Amendment 1630 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status, taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between habitats in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate change and the conflicting preconditions of different habitat types and species.
Amendment 1634 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status, taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between habitats in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate change.
Amendment 1651 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall set, by 2030 at the latest, satisfactory levels for each of the indicators referred to in Articles 8(1), 9(2) and 10(2), through an open and effective process and assessment, based on the latest scientific evidence and, if available, the framework referred to in Article 17(9) and taking into account the funding provided.
Amendment 1663 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall identify and map the agricultural and forest areas in need of restoration, in particular the areas that, due to intensification or other management factors, are in need of enhanced connectivity and landscape diversityfrastructure measures and settlement activities, are in need of enhanced connectivity and landscape diversity. The type of restoration and development measures recommended in these areas and how restrictions of use and property disadvantages are compensated shall be determined in agreement with the landowner of the area concerned. To this end, the competent authority designated by the Member State shall seek contractual arrangements with landowners or other beneficial owners in order to safeguard the implementation, restriction or omission of the management and use of land under private law.
Amendment 1685 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point c a (new)
Article 11 – paragraph 5 – point c a (new)
(ca) the food security.
Amendment 1687 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Member States shall coordinate the development of national restoration plans with the designation of the renewables go- to areas. During the preparation of the nature restoration plans, Member States shall ensure synergies with the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001 remain unchanged. Member States shall ensure that in the permit-granting processes the relevant administrative bodies base their decisions on the principle that the species protection refers to the national population and not to the individual specimens of the species.
Amendment 1697 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6a. Member States shall ensure that Union environmental law is applied to the deployment of energy from renewable sources, the related transmission and distribution network elements as well as storage facilities on the basis of the principle that the species protection refers to the entire population and not to the individual specimens.
Amendment 1707 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 7 – point c
Article 11 – paragraph 7 – point c
(c) measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC without prejudice to the exemptions set out in articles 4(3), 4(4), 4(5) and 4(7) thereof;
Amendment 1762 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 11
Article 11 – paragraph 11
11. Member States shall ensure that the preparation of the restoration or development plan is open, inclusive and effective and that the public as well as all the stakeholders affected by restoration measures is given early and effective opportunities to participate in its elaboration. Consultations shall comply with the requirements set out in Articles 4 to 10 of Directive 2001/42/EC.
Amendment 1772 #
Amendment 1774 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 11 b (new)
Article 11 – paragraph 11 b (new)
11b. The paragraphs 1 to 11 also apply when regional and sub-regional restoration or development plans are prepared (cross border management).
Amendment 1779 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Member States shall provide the possibility of adjustment and correction measures of the national restoration and development plan.
Amendment 1780 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
1b. Member States shall cooperate bilaterally and within regional and sub- regional cooperation mechanisms to protect biodiverse ecosystems especially if the ecosystems extend beyond the borders. When ecosystems extend the borders of a Member State, national restoration and development plans shall be extended to common regional restoration or devlopment plans.
Amendment 1812 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point e
Article 12 – paragraph 2 – point e
(e) the inventory of barriers and the barriers identified for removal in accordance with Article 7(1), the plan for their removal in accordance with Article 7(2) and an estimate of the length of free- flowing rivers to be achieved by the removal of those barriers by 2030 and by 2050, and any other measures to re- establish the natural functions of floodplains in accordance with Article 7(3); without restricting the use of hydroelectric power;
Amendment 1821 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point h
Article 12 – paragraph 2 – point h
(h) the monitoring of the areas subject to restoration or development in accordance with Articles 4 and 5, the process for assessing the effectiveness of the restoration or development measures put in place in accordance with Articles 4 to 10 and for revising those measures where needed to ensure that the targets and obligations set out in Articles 4 to 10 are met or revised;
Amendment 1846 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point l
Article 12 – paragraph 2 – point l
(l) the estimated financing needs for the implementation of the restoration measures, which shall include the description of the support to stakeholders and compensation for property-related disadvantages of the landowners concerned affected by restoration measures or other new obligations arising from this Regulation, and the means of intended financing, public or private, including (co-) financing with Union funding instruments;
Amendment 1859 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point n
Article 12 – paragraph 2 – point n
(n) a summary of the process for preparing and establishing the national restoration plan, including information on public participation and the landowners affected by potential restoration measures and of how the needs of local communities and stakeholders have been considered and how ownership rights have been respected;
Amendment 1872 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point o a (new)
Article 12 – paragraph 2 – point o a (new)
(oa) a dedicated section explaining how to ensure that the implementation of the recovery plans does not lead to a depopulation of agricultural and forestry production in third countries and to ensure self-sufficiency with regional, high-quality food and biogenic raw materials;
Amendment 1896 #
2022/0195(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall submit a draft of the national restoration plan referred to in Articles 11 and 12 to the Commission by… [OP please insert the date = the first day of the month following 2436 months after the date of entry into force of this Regulation].
Amendment 1901 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall assess the draft national restoration plans within sixnine months of the date of receipt. When carrying out that assessment, the Commission shall act in close cooperation with the Member State concerned.
Amendment 1905 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration or development plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features as well as ensuring that the implementation of the recovery plans does not lead to migration of agricultural and forestry production to third countries and that self-supply with regional, high- quality food and biogenic raw materials can be ensured.
Amendment 1913 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features.
Amendment 1916 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 104% of the Union’s agricultural area with high-diversity landscape features.
Amendment 1926 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Commission may address observations to Member States within sixnine months of the date of receipt of the draft national restoration plan.
Amendment 1941 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Member States shall finalise, publish and submit to the Commission the national restoration plan within sixnine months from the date of receipt of observations from the Commission.
Amendment 1950 #
2022/0195(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall review their national restoration plan at least once every 10 years, in accordance with Articles 11 and 12, taking into account progress made in the implementation of the plans, the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate change and the financing needs and its availability.
Amendment 1960 #
2022/0195(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. When it becomes apparent that the measures set out in the national restoration or development plan will not be sufficient to comply with the targets and obligations set out in Articles 4 to 10, based on the monitoring in accordance with Article 17, Member States shall revise the national restoration planor development plan, revise the measures and targets and include supplementary measures.
Amendment 1965 #
2022/0195(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Based on the information referred to in Article 18(1) and (2) and the assessment referred to in Article 18(4) and (5), if the Commission considers that the progress made by a Member State is insufficient to comply with the targets and obligations set out in Articles 4 to 10, the Commission may request the Member State concerned to submit an updated draft national restoration plan with supplementary measures provide additional measures, including a description of the funding required for this purpose . That updated national restoration plan with supplementary measures shall be published and submitted within six months from the date of receipt of the request from the Commission.
Amendment 1981 #
2022/0195(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that members of the public, in accordance with national law, that have a sufficientlegitimate interest or that maintain the impairment of a right as well as affected landowners and managers, have access to a review procedure before a court of law, or an independent and impartial body established by law, to challenge the substantive or procedural legality of the national restoration plans and any failures to act of the competent authorities, regardless of the role members of the public have played during the process for preparing and establishing the national restoration plan.
Amendment 1988 #
2022/0195(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient in accordance with the Aarhus convention.
Amendment 1993 #
2022/0195(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Review procedures referred to in paragraph 1 shall be fair, and equitable, timely and free of charge or not prohibitively expensive, and shall provide adequate and effective remedies, including injunctive relief where necessary and based on the latest scientific evidence.
Amendment 2016 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
Amendment 2018 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 2019 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 2030 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point h a (new)
Article 17 – paragraph 1 – point h a (new)
(ha) the progress towards the planting of three billion climate-adapted additional trees referred to in Article 10a.
Amendment 2039 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The monitoring in accordance with paragraph 1, points (a), (b) and (c), of this Article, concerning the stock of organic carbon in cropland mineral soils and the share of agricultural land with high- diversity landscape features, and (e) concerning the standing deadwood, the lying deadwood, the share of forests with uneven-aged structure, the forest connectivity and the stock of organic carbon, shall be carried out at least every three years, and, where possible, every year. The monitoring in accordance with that paragraph, point (c) concerning the grassland butterfly index, that paragraph, points (d) and (e) concerning the common forest bird index, and that paragraph, point (f) concerning pollinator species shall be carried out every year. The monitoring in accordance with that paragraph, points (g) and (h), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC.
Amendment 2049 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The monitoring in accordance with paragraph 1, points (a), (b) and (c), of this Article, concerning the stock of organic carbon in cropland mineral soils and the share of agricultural land with high- diversity landscape features, and (e) concerning the standing deadwood, the lying deadwood, the share of forests with uneven-aged structure, the coverage of climate-adopted trees, the forest connectivity and the stock of organic carbon, shall be carried out at least every three years, and, where possible, every year. The monitoring in accordance with that paragraph, point (c) concerning the grassland butterfly index, that paragraph, points (d) and (e) concerning the common forest bird index, and that paragraph, point (f) concerning pollinator species shall be carried out every year. The monitoring in accordance with that paragraph, points (g) and (h), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC.
Amendment 2112 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 2113 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 2122 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 2124 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 2130 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 2137 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 2138 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 2143 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 2145 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 2156 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
Amendment 2159 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 7 a (new)
Article 19 – paragraph 7 a (new)
7a. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 concerning the development of a uniform and scientifically sound survey and evaluation methodology to ensure a Union-wide standard for the establishment of a database as referred to in Article 4. Based on this, Union-wide recovery targets will be set.
Amendment 2160 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 7 b (new)
Article 19 – paragraph 7 b (new)
7b. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 to develop a uniform and scientifically based collection and analysis methodology in order to ensure a Union-wide standard for the establishment of a data base as referred to in Article 4. Building on this, Union-wide recovery objectives will be set.
Amendment 2284 #
2022/0195(COD)
Proposal for a regulation
Annex IV – row 4
Annex IV – row 4
Share of agricultural Description: High-diversity landscape features are elements of land with high- permanent natural or semi-natural vegetation present in an diversity landscape agricultural context, which provide ecosystem services and support features for biodiversity. In order to do so, landscape features need to be subject to as little external disturbances as possible to provide safe habitats for various taxa, and therefore need to comply with the following conditions: a) they cannot be under productive agricultural use (including grazing or fodder production),and b) they should not receive fertilizer or pesticide treatment. Land lying fallow can be considered as high diversity landscapemust either be managed in a way that promotes biodiversity or not used for productive agriculture at all. b) they should not receive fertilizer or pesticide treatment, unless they exclusively contain active substances that may be used in accordance with Regulation 5EU) 2018/848. Land lying fallow as well as cultivated land can be considered as high diversity landscape features if it complies with criteria (a) and (b) above. Productive trees part of arable land agroforestry system (b) above. Productive trees and productive elements in non- elements in non- productive hedges can also be considered as high diversity diversity landscape features, if they comply with criterion (b) above, and if harvests take place only at moments where it would not compromise high biodiversity levels.. Unit: Percent (share of Utilised Agricultural Area). Methodology: as developed under indicator I.21, Annex I of Regulation 2021/2115,as based on LUCAS for landscape elements, Ballin M.et al., Redesign sample for Land Use/Cover Area frame Survey (LUCAS), Eurostat2018, and for land laying fallow, Farm Structure, Reference Metadatain Single Integrated Metadata Structure, online publication, Eurostat.
Amendment 46 #
2022/0164(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The REPowerEU chapter should include new reforms and investments contributing to the REPowerEU aims. Furthermore, that chapter should contain an outline of other measures, financed from sources other than the Recovery and Resilience Facility, contributing to the energy-related objectives outlined in recital (3). The outline should cover measures whose implementation should take place between 1 February 2022 to 31 December 2026, the period during which the objectives set by this Regulation are to be achieved. As regards natural gas infrastructure, the investments and reforms of the REPowerEU chapters to diversify supply away from Russia should build on the needs currently identified through the assessment conducted and agreed by the European Network of Transmission System Operators for Gas (ENTSOG), established in the spirit of solidarity as regards security of supply and take into account the reinforced preparedness measures, including gas storage, taken to adapt to new geopolitical threats. Finally, the REPowerEU chapters should provide an explanation and a quantification of the effects of the combination of the reforms and investments financed by the Recovery and Resilience Facility and the other measures financed by other sources than the Recovery and Resilience Facility.
Amendment 48 #
2022/0164(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) An appropriate and technologically neutral assessment criterion should be added to serve as a basis for the Commission to assess reforms and investments included in the REPowerEU chapter sand to ensure that reforms and investments are fit for achieving the specific REPowerEU-related objectives, with a special focus on electricity production and gas storage capacities. An A rating should be required under this new assessment criterion for the relevant recovery and resilience plan to be positively assessed by the Commission.
Amendment 49 #
2022/0164(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Investments in infrastructure and technologies alone are not sufficient to ensure a reduction of dependency from fossil fuels. Resources should be dedicated to the reskilling and upskilling of people, to further equip the workforce with green skillsThe current crisis reveals the critical needs of qualified professionals in energy sectors. Resources should be dedicated to the reskilling and upskilling of people. Jobs and training related to electricity production, transport and distribution should benefit from increased support. This is in line with the objective of the European Social Fund Plus, which aims at supporting Member States in achieving a skilled and resilient workforce ready for the future world of work. In light of this, resources transferred from the European Social Fund Plus should help support measures for the reskilling and upskilling of the workforce. The Commission will assess whether the measures included in the REPowerEU chapters significantly contribute to supporting a requalification of the workforce towards green skills.
Amendment 50 #
2022/0164(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The recovery and resilience plan, including the REPowerEU chapter, should contribute to effectively addressing all or a significant subset of the challenges identified in the relevant country-specific recommendations, taking into account the specificities of the energy mix of each Member State, including the country- specific recommendations to be adopted under the 2022 Semester cycle which refer inter alia to the energy challenges that Member States are facing.
Amendment 67 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2021/241
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In line with the six pillars referred in Article 3 of this Regulation, the coherence and synergies they generate, and in the context of the COVID-19 crisis, the general objective of the Facility shall be to promote the Union’s economic, social and territorial cohesion by improving the resilience, crisis preparedness, adjustment capacity and growth potential of the Member States, by mitigating the social and economic impact of that crisis, in particular on women, by contributing to the implementation of the European Pillar of Social Rights, by supporting the green transition, by contributing to the achievement of the Union’s 2030 climate targets set out in point (11) of Article 2 of Regulation (EU) 2018/1999,and by complying with the objective of EU climate neutrality by 2050 and of the digital transition, by increasing the resilience of the Union energy system through a decrease of dependence on fossil fuels and, diversification of energy supplies, increase of electricity production and energy storage capacities at Union level (‘REPowerEU objectives’) thereby contributing to the upward economic and social convergence, restoring and promoting sustainable growth and the integration of the economies of the Union, fostering high quality employment creation, and contributing to the strategic autonomy of the Union alongside an open economy and generating European added value.
Amendment 71 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2021/241
Article 19 – paragraph 3 – point da
Article 19 – paragraph 3 – point da
(da) whether the reforms and investments referred to in Article 21c(1) effectively contribute towards energy security, security of supply, the diversification of the Union’s energy supply or, reduction of dependence on fossil fuels, increase of electricity production and energy storage capacities before 2030. ;
Amendment 74 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21a – paragraph 1
Article 21a – paragraph 1
(1) EUR 20 000 000 000 in current prices shall be available, in line with Article 10e(4) of Directive 2003/87/EC, for implementation under this Regulation to increase the resilience of the Union energy system through a decrease of dependence on fossil fuels and, diversification of energy supplies, increase of electricity production and energy storage capacities at Union level. That amount shall be made available in the form of external assigned revenue within the meaning of Article 21(5) of the Financial Regulation.
Amendment 84 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point a c (new)
Article 21c – paragraph 1 – point a c (new)
(a c) increasing energy storage capacities in the Union,
Amendment 90 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point b a (new)
Article 21c – paragraph 1 – point b a (new)
(b a) supporting the secure life extension of operating fossil-free electricity production facilities, such as nuclear plants, in all the Union, at least as long as the Union’s energy security is not recovered,
Amendment 94 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point c
Article 21c – paragraph 1 – point c
(c) addressing internal and cross- border energy transmission bottlenecks and supporting zero and low emission transport and its infrastructure, including railways,
Amendment 95 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point d
Article 21c – paragraph 1 – point d
(d) supporting the objectives in points (a), (b) and (c) through an accelerated requalification of the workforce towards green skillsenergy sector, with a special focus on low carbon or carbon-free electricity production, as well as support of the value chains in key materials and technologies linked to the green transidecarbonisation of energy production.
Amendment 114 #
2022/0164(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
Regulation (EU) 2021/241
Annex V – section 2 – point 2.12 – subparagraph 2 – indent 2
Annex V – section 2 – point 2.12 – subparagraph 2 – indent 2
— the implementation of the envisaged measures is expected to significantly contribute to boosting energy efficiency in buildings, decarbonising industry, increasing production and uptake of low-carbon or carbon-free electricity, sustainable biomethane and renewable or fossil free and low-carbon hydrogen and increasing the share of renewable and low- carbon energy,
Amendment 116 #
2022/0164(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
Regulation (EU) 2021/241
Annex V – section 2 – point 2.12 – subparagraph 2 – indent 3
Annex V – section 2 – point 2.12 – subparagraph 2 – indent 3
— the implementation of the envisaged measures is expected to address energy infrastructure bottlenecks, in particular by constructing cross-border links with other Member States, or supports zero- and low emission transport and its infrastructure, including railways,
Amendment 118 #
2022/0164(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
Regulation (EU) 2021/241
Annex V – section 2 – point 2.12 – subparagraph 2 – indent 4
Annex V – section 2 – point 2.12 – subparagraph 2 – indent 4
— the implementation of the envisaged measures is expected to significantly contribute to supporting a requalification of the workforce towards green skillenergy sectors, as well as supporting value chains in key materials and technologies linked to the green transidecarbonisation of energy production,
Amendment 159 #
2022/0155(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children but also for. But they are also used by perpetrators of child sexual abuse offences. Such offences, which are subject to minimum rules set at Union level, are verextremely serious criminal offences that need to be prevented and combated effectively in order to protect children’s rights and well- being, as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), and to protect society at large. Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children.
Amendment 160 #
2022/0155(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Regulatory measures to address the dissemination of child sexual abuse content online should be complemented by Member States strategies including increasing public awareness, how to seek child-friendly and age appropriate reporting and assistance and informing about victims rights. Additionally Member States should make sure they have a child-friendly justice system in place in order to avoid further victimisation of the abused children.
Amendment 162 #
2022/0155(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Given the central importance of relevant information society services for the digital single market, those aims can only be achieved by ensuring that providers offering such services in the Union behave responsibly and take reasonable measures to minimise the risk of their services being misused for the purpose of child sexual abuse, those providers often being the only ones in a position to prevent and combat such abuse. The measures taken should be targeted, effective, carefully balanced and proportionate, so as to avoid any undue negative consequences for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid imposing any excessive burdens on the providers of the services.
Amendment 163 #
2022/0155(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Member States aOn the one hand it is very positive that Member States are aware of the existing problem and therefore increasingly introducing, or are considering introducing, national laws to prevent and combat online child sexual abuse, in particular by imposing requirements on providers of relevant information society services. IOn the light of the inherently cross-border nature ofother hand the internet and the service provision concerned, those national laws, which diverge have an inherently cross-border nature and therefore diverging national laws, have a direct negative effect on the internal market. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements should be laid down at Union level.
Amendment 166 #
2022/0155(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced, carefully balanced and proportionate rules to prevent and combat child sexual abuse in a manner that is effective and that respects the fundamental rights of all parties concerned. In view of the fast-changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology-neutral and future- proof manner, so as not to hamper innovation.
Amendment 171 #
2022/0155(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation should be without prejudice to the rules resulting from other Union acts, in particular Directive 2011/93 of the European Parliament and of the Council38, Directive 2000/31/EC of the European Parliament and of the Council39and Regulation (EU) …/…2022/ 2065of the European Parliament and of the Council40[on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC], Directive 2010/13/EU of the European Parliament and of the Council41, Regulation (EU) 2016/679 of the European Parliament and of the Council42, and Directive 2002/58/EC of the European Parliament and of the Council43. _________________ 38 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1). 39 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1). 40 Regulation (EU) …/… of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC (OJ L ….). 41 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media service (OJ L 95, 15.4.2010, p. 1). 42 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1). 43 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on privacy and electronic communications’) (OJ L 201, 31.7.2002, p. 37).
Amendment 172 #
2022/0155(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should be considered lex specialis in relation to the generally applicable framework set out in Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065 laying down harmonised rules on the provision of certain information society services in the internal market. The rules set out in Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065 apply in respect of issues that are not or not fully addressed by this Regulation.
Amendment 174 #
2022/0155(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In the interest of clarity and consistency, the definitions provided for in this Regulation should, where possible and appropriate, be based on and aligned with the relevant definitions contained in other acts of Union law, such as Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065.
Amendment 176 #
2022/0155(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) TIn order to allow a future proof approach the term ‘online child sexual abuse’ should cover not only the dissemination of material previously detected and confirmed as constituting child sexual abuse material (‘known’ material), but also of material not previously detected that is likely to constitute child sexual abuse material but that has not yet been confirmed as such (‘new’ material), including live-streaming and live transmission of child sexual abuse material as well as activities constituting the solicitation of children (‘grooming’). That is urgently needed in order to address not only past abuse, the re- victimisation and violation of the victims’ rights it entails, such as those to privacy and protection of personal data, but to also prevent it as soon as possible and address recent, ongoing and imminent abuse, so as to prevent it as much as possible, to effectively protect children and to increase the likelihood of rescuing victims and stopping perpetrators as quick as possible .
Amendment 177 #
2022/0155(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) Member States should ensure that they additionally address the problem of solicitation of children by providing for efficient digital education. Children should be given at home and in school the necessary digital skills and tools they need to fully benefit from online access, whilst ensuring their safety.
Amendment 180 #
2022/0155(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Some of those providers of relevant information society services in scope of this Regulation, including online search engines, may also be subject to an obligation to conduct a risk assessment under Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065 with respect to information that they store and disseminate to the public. For the purposes of the present Regulation, those providers may draw onuse such a risk assessment as a basis and complement it with a more specific assessment of the risks of use of their services for the purpose of online child sexual abuse, as required by this Regulation.
Amendment 183 #
2022/0155(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available interpersonal communications services should take reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065 may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, including age verification andassessment measures and age appropriate parental control tools, may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation.
Amendment 185 #
2022/0155(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) The used age assessing tools should be able to prove age in an efficient, privacy-preserving and secure manner.
Amendment 188 #
2022/0155(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To allow for innovation and ensure proportionality and technological neutrality, no exhaustive list of the compulsory mitigation measures should be established. Instead, providers should be left a degree of flexibility to design and implement also voluntary measures tailored to the risk identified and the characteristics of the services they provide and the manners in which those services are used. In particular, providers are freeshould be able to voluntary process metadata and are encouraged to design and implement, in accordance with Union law, measures based on their existing practices to detect online child sexual abuse in their services and indicate as part of the risk reporting their willingness and preparedness to eventually being issued a detection order under this Regulation, if deemed necessary by the competent national authority.
Amendment 194 #
2022/0155(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure that the objectives of this Regulation are achieved, that flexibility should be subject to the need to comply with Union law and, in particular, the requirements of this Regulation on mitigation measures. Therefore, providers of hosting services and providers of publicly available interpersonal communications services should, when designing and implementing the mitigation measures, give importance not only to ensuring their effectiveness, but also and to avoiding any undue negative consequences for other affected parties, notably for the exercise of users’ fundamental rights. In order to ensure proportionality, when determining which mitigation measures should reasonably be taken in a given situation, account should also be taken of the financial and technological capabilities and the size of the provider concerned. When selecting appropriate mitigation measures, providers should at least duly consider the possible measures listed in this Regulation, as well as, where appropriate, other measures such as those based on industry best practices, including as established through self- regulatory cooperation, and those contained in guidelines from the Commission. Providers should be able to indicate to the Coordinating Authority their assessment of the need for a detection order, after putting in place the risk mitigation measures. When no risk has been detected after a diligently conducted or updated risk assessment, providers should not be required to take any mitigation measures.
Amendment 197 #
2022/0155(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In the light of their role as intermediaries facilitating access to software applications that may be misused for online child sexual abuse, providers of software application stores should be made subject to obligations to take certain reasonable and effective measures to assess and mitigate that risk. The providers should make that assessment in a diligent manner, making efforts that are reasonable and effective under the given circumstances, having regard inter alia to the nature and extent of that risk as well as their financial and technological capabilities and size, and cooperating with the providers of the services offered through the software application where possible.
Amendment 199 #
2022/0155(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficient to limit the risk of misuse of a certain service for the purpose of online child sexual abuse, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request the issuance of detection orders. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be a last resort measure and subject to a carefully balanced set of limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available interpersonal communications services, and that in particular solicitation of children mostly takes place in publicly available interpersonal communications services, it should only be possible to address detection orders to providers of such services.
Amendment 202 #
2022/0155(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Furthermore, as parts of those limits and safeguards, detection orders should only be issued after a diligent and objective assessment leading to the finding of a significant risk of the specific service concerned being misused for a given type of online child sexual abuse covered by this Regulation. Such assessments may include the voluntary use of detection technologies and the evidence they provide with regard to the risks of a service being misused. One of the elements to be taken into account in this regard is the likelihood that the service is used to an appreciable extent, that is, beyond isolated and relatively rare instances, for such abuse. The criteria should vary so as to account of the different characteristics of the various types of online child sexual abuse at stake and of the different characteristics of the services used to engage in such abuse, as well as the related different degree of intrusiveness of the measures to be taken to execute the detection order.
Amendment 204 #
2022/0155(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) However, the finding of such a significant risk should in itself be insufficient to justify the issuance of a detection order, given that in such a case the order might lead to disproportionate negative consequences for the rights and legitimate interests of other affected parties, in particular for the exercise of users’ fundamental rights. Therefore, it should be ensured that detection orders can be issued only after the Coordinating Authorities and the competent judicial authority or independent administrative authority having objectively and diligently assessed, identified and weighted, on a case-by-case basis, not only the likelihood and seriousness of the potential consequences of the service being misused for the type of online child sexual abuse at issue, but also the likelihood and seriousness of any potential negative consequences for other parties affected. With a view to avoiding the imposition of excessive burdens, the assessment should also take account of the financial and technological capabilities and size of the provider concerned.
Amendment 206 #
2022/0155(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In addition, to avoid undue interference with fundamental rights and ensure proportionality, when it is established that those requirements have been met and a detection order is to be issued, it should still be ensured that the detection order is targeted, justified, proportionate, limited in time and specified so as to ensure that any such negative consequences for affected parties do not go beyond what is strictly necessary to effectively address the significant risk identified. This should concern, in particular, a limitation to an identifiable part or component of the service where possible without prejudice to the effectiveness of the measure, such as specific types of channels of a publicly available interpersonal communications service, or to specific users or specific groups of users, to the extent that they can be taken in isolation for the purpose of detection, as well as the specification of the safeguards additional to the ones already expressly specified in this Regulation, such as independent auditing, the provision of additional information or access to data, or reinforced human oversight and review, and the further limitation of the duration of application of the detection order that the Coordinating Authority deems necessary. To avoid unreasonable or disproportionate outcomes, such requirements should be set after an objective and diligent assessment conducted on a case-by-case basis.
Amendment 209 #
2022/0155(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The competent judicial authority or the competent independent administrative authority, as applicable in accordance with the detailed procedural rules set by the relevant Member State, should be in a position to take a well- informed decision on requests for the issuance of detections orders. That is of particulargreat importance to ensure the necessary fair balance of the fundamental rights at stake and a consistent approach, especiallythis is in particular significant in connection to detection orders concerning the solicitation of children. Therefore, a procedure should be provided for that allows the providers concerned, the EU Centre on Child Sexual Abuse established by this Regulation (‘EU Centre’) and, where so provided in this Regulation, the competent data protection authority designated under Regulation (EU) 2016/679 to provide their views on the measures in question. They should do so as soon as possible, having regard to the important public policy objective at stake and the need to act without undue delay to protect children. In particular, data protections authorities should do their utmost to avoid extending the time period set out in Regulation (EU) 2016/679 for providing their opinions in response to a prior consultation. Furthermore, they should normally be able to provide their opinion well within that time period in situations where the European Data Protection Board has already issued guidelines regarding the technologies that a provider envisages deploying and operating to execute a detection order addressed to it under this Regulation.
Amendment 211 #
2022/0155(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use of end-to-end encryption technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. Nothing in this Regulation should therefore be interpreted as making end-to-end encryption impossible, in particular considering that technologies that allow the effective detection of online child sexual abuse in end-to-end encrypted communications already exist, and make it possible to balance all the fundamental rights at stake. These rights include on one hand the right to physical and mental integrity of children (Article 3 of the EU Charter of Fundamental Rights (the ‘Charter’)), the prohibition of torture and inhuman and degrading treatment (Article 4 Charter), their right to such protection and care as is necessary for their well-being (Article 24 Charter), their right to respect for their private and family life (Article 7 EU Charter) as well as to protection of their personal data (Article 8 Charter). The rights also include, on the other hand, the right to respect for private and family life (Article 7 Charter), to protection of personal data (Article 8 Charter), and the freedom of expression (Article 11 Charter) of the other users of the online services concerned. Finally, the rights at stake also include the freedom to conduct a business (Article 16 Charter) of the online service providers that fall within the scope of the proposal. The Commission should in cooperation with the EU Centre consider making available effective detection of online child sexual abuse in end-to-end encrypted communications tools. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users.
Amendment 217 #
2022/0155(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) In order to ensure effective prevention and fight against online child sexual abuse the providers should be able to make voluntary use of detection technologies as part of their mitigation measues, if they assess this as necessary in order to limit the risk of misuse.
Amendment 218 #
2022/0155(COD)
Proposal for a regulation
Recital 29 b (new)
Recital 29 b (new)
(29 b) All relevant providers should provide for easily accessible, child- friendly and age appropriate notification mechanisms that allow for a quick, efficient and privacy-preserving notification. Micro, small and medium sized enterprises should get support from the EU Centre to build up a corresponding mechanism.
Amendment 219 #
2022/0155(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The rules of this Regulation should not be understood as affecting the requirements regarding removal orders set out in Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065.
Amendment 222 #
2022/0155(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) CIn order to allow for an efficient reporting system and considering that acquiring, possessing, knowingly obtaining access and transmitting child sexual abuse material constitute criminal offences under Directive 2011/93/EU, it is necessary to exempt providers of relevant information society services from criminal liability when they are involved in such activities, including taking voluntary measures, insofar as their activities remain strictly limited to what is needed for the purpose of complying with their obligations under this Regulation and they act in good faith.
Amendment 223 #
2022/0155(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to facilitate smooth and efficient communications by electronic means, including, where relevant, by acknowledging the receipt of such communications, relating to matters covered by this Regulation, providers of relevant information society services should be required to designate a single point of contact and to publish relevant information relating to that point of contact, including the languages to be used in such communications. In contrast to the provider’s legal representative, the point of contact should serve operational purposes and should not be required to have a physical location. Suitable conditions should be set in relation to the languages of communication to be specified, so as to ensure that smooth communication is not unreasonably complicated. For providers subject to the obligation to establish a compliance function and nominate compliance officers in accordance with Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065, one of these compliance officers may be designated as the point of contact under this Regulation, in order to facilitate coherent implementation of the obligations arising from both frameworks.
Amendment 224 #
2022/0155(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where relevant and convenient, subject to the choice of the provider of relevant information society services and the need to meet the applicable legal requirements in this respect, it should be possible for those providers to designate a single point of contact and a single legal representative for the purposes of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065 and this Regulation.
Amendment 231 #
2022/0155(COD)
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69 a) Hotlines play an invaluable role in providing the public with a way to report suspected child sexual abuse material and by rapidly removing harmful content online, but they have different legal rights to process child sexual abuse material and therefore Member Stats are encouraged to aim for a harmonisation of the legal capacities of hotlines.
Amendment 233 #
2022/0155(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Longstanding Union support for both INHOPE and its member hotlines recognises that hotlines are in the frontline in the fight against online child sexual abuse. The EU Centre should leverage the network of hotlines, concluding, when necessary, strategic and/or operational cooperation agreements with them and encourage that they work togethercooperate and coordinate effectively with the Coordinating Authorities, providers of relevant information society services and law enforcement authorities of the Member States. The hotlines’ expertise and experience is an invaluable source of information on the early identification of common threats and solutions, as well as on regional and national differences across the Union.
Amendment 236 #
2022/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Regulation lays down uniform rules to prevent and address the misuse of relevant information society services for online child sexual abuse in the internaland ensure the smooth functioning of a digital single market.
Amendment 243 #
2022/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point d a (new)
Article 1 – paragraph 1 – subparagraph 2 – point d a (new)
(d a) obligations on providers of online search engines to delist websites indicating child sexual abuse material;
Amendment 245 #
2022/0155(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) Directive 2000/31/EC and Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065;
Amendment 249 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘hosting service’ means an information society service as defined in Article 23, point (fg), third indent, of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065;
Amendment 257 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘software application’ means a digital product or service as defined in Article 2, point 135, of Regulation (EU) …/… [on contestable and fair markets in the digital sector (Digital Markets Act)]2022/1925;
Amendment 258 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘software application store’ means a service as defined in Article 2, point 124, of Regulation (EU) …/… [on contestable and fair markets in the digital sector (Digital Markets Act)]2022/1925;
Amendment 263 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f – point iv a (new)
Article 2 – paragraph 1 – point f – point iv a (new)
(iv a) online search engines;
Amendment 265 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(f a) “Online search engine” means an intermedietary service as defined in Article 3 point (j) of Regulation (EU) 2022/2065;
Amendment 266 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f b (new)
Article 2 – paragraph 1 – point f b (new)
(f b) ‘metadata‘ means data processed for the purposes of transmitting, distributing or exchanging content data; including data used to trace and identify the source and destination of a communication, data on the location of the user, and the date, time, duration and the type of communication;
Amendment 271 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point r
Article 2 – paragraph 1 – point r
(r) ‘recommender system’ means the system as defined in Article 23, point (os), of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065;
Amendment 272 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point t
Article 2 – paragraph 1 – point t
(t) ‘content moderation’ means the activities as defined in Article 23, point (pt), of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065;
Amendment 273 #
2022/0155(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point v
Article 2 – paragraph 1 – point v
(v) ‘terms and conditions’ means terms and conditions as defined in Article 23, point (qu), of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]2022/2065;
Amendment 291 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3
Article 3 – paragraph 2 – point b – indent 3
— functionalities enabling age verificationassessing measures;
Amendment 293 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)
Article 3 – paragraph 2 – point b – indent 4 a (new)
- functionalities enabling age appropriate parental control;
Amendment 295 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(b a) the capacity, in accordance with the state of the art, to deal with reports and notifications about child sexual abuse in a timely manner;
Amendment 310 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
The provider may request the EU Centre to perform an analysis of representative, anonymized data samples to identify potential online child sexual abuse, to support the risk assessment. This request cannot serve the purpose of evading any of the provider’s obligations set up in this Regulation. The EU Centre shall perfom the analysis in a timely manner.
Amendment 312 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
The costs incurred by the EU Centre for the performance of such an analysis shall be borne by the requesting provider. However, the EU Centre shall bear those costs where the provider is a micro, small or medium-sized enterprise, provided the request is reasonably necessary to support the risk assessment.
Amendment 316 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. The provider may also voluntary use the measures specified in Article 10 to detect online child sexual abuse on a specific service. In this case they have to notify the Coordinating authority and include the results of its analyses in a separate section of the risk assessment.
Amendment 328 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(a a) adapting privacy and safety by design and by default for children, including age appropriate parental control tools;
Amendment 334 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) processing metadata;
Amendment 336 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) initiating or adjusting cooperation, in accordance with competition law, with other providers of hosting services or providers of interpersonal communication services, public authorities, civil society organisations or, where applicable, entities awarded the status of trusted flaggers in accordance with Article 19 of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] 2022/2065.
Amendment 338 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(c a) foreseeing awareness-raising measures;
Amendment 339 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c b (new)
Article 4 – paragraph 1 – point c b (new)
(c b) using any other measures in accordance with the current or future state of the art that are fit to mitigate the identified risk;
Amendment 351 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the mitigation measures. The age assessement tools shall be able to verify the age in an efficient, privacy-preserving and secure manner.
Amendment 358 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, mayshall issue guidelines on the application of paragraphs 1, 2, 3 and 4, having due regard in particular to relevant technological developments and in the manners in which the services covered by those provisions are offered and used.
Amendment 360 #
2022/0155(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Legal basis for risk mitigation through metadata processing 1. To the extent necessary and proportionate to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, providers of number independent interpersonal communication services shall be allowed, as a mitigating measure under Article 4, to process metadata. 2. All relevant service providers shall process metadata when ordered to do so by the Coordinating Authority of establishment in accordance with Article 5bis(4). When assessing whether to require a provider to process metadata, the Coordinating Authority shall take into account the interference with the rights to privacy and data protection of the users of the service that such a processing entails and determine whether, in the case at hand, the processing of metadata would be effective in mitigating the risk of use of the service for the purpose of child sexual abuse, strictly necessary and proportionate. 3. If they process metadata as a risk mitigation measure, providers shall inform their users of such processing in their terms and conditions, including information on the possibility to submit complaints.
Amendment 381 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) take the necessary age verification and age assessment measures to reliably identify child users on their services, in an effective, privacy- preserving and secure manner, enabling them to take the measures referred to in point (b).
Amendment 387 #
2022/0155(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Encrypted services Member States shall not prevent providers of relevant information society services from offering encrypted services. But when offering them, providers have to make sure that they process metadata in order to detect known child sexual abuse material.
Amendment 389 #
2022/0155(COD)
Proposal for a regulation
Article 6 b (new)
Article 6 b (new)
Article 6 b Support for micro and small and medium sized enterprises The Commission shall be empowered to adopt delegated acts in accordance with Article 86 in order to supplement this Regulation with guidelines that foresee practical support for micro and small and medium sized enterprises in order for them to be able to fulfil the obligations of this Regulation.
Amendment 398 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. TAs a last resort, the Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a detection order, limited in time, requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect online child sexual abuse on a specific service.
Amendment 400 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Amendment 402 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – introductory part
Article 7 – paragraph 3 – subparagraph 1 – introductory part
Where the Coordinating Authority of establishment takes the preliminary view that the conditions of paragraph 4 have been met and the measures envisaged in the detection order are proportionate, it shall:
Amendment 405 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point b
Article 7 – paragraph 3 – subparagraph 1 – point b
(b) submit the draft request to the concerned provider and the EU Centre;
Amendment 407 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point d
Article 7 – paragraph 3 – subparagraph 1 – point d
(d) invite the EU Centre to provide its opinion on the draft request, within a time period of fourtwo weeks from the date of receiving the draft request.
Amendment 418 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3
Article 7 – paragraph 3 – subparagraph 3
Where, having regard to the implementation plan of the provider and the opinion of the data protection authority, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall submit the request for the issuance of the detection order, adjusted where appropriate, to the competent judicial authority or independent administrative authority. It shall attach the implementation plan of the provider and the opinions of the EU Centre and the data protection authority to that request.
Amendment 420 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part
Article 7 – paragraph 4 – subparagraph 1 – introductory part
The Coordinating Authority of establishment shall request the issuance of the detection order, and the competent judicial authority or independent administrative authority shall issue the detection order where it considers that the following conditions are met:
Amendment 432 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 3
Article 7 – paragraph 4 – subparagraph 3
As regards the second subparagraph, point (d), where that Coordinating Authority substantially deviates from the opinion of the EU Centre, it shall inform the EU Centre and the Commission thereof, specifying in detail the points at which it deviated and the main reasons for the deviation.
Amendment 440 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 6 – point a
Article 7 – paragraph 6 – point a
(a) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the dissemination of new child sexual abuse material, including live stream and live transmission;
Amendment 448 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Article 7 – paragraph 8 – subparagraph 1
The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof.
Amendment 454 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
The competent judicial authority or independent administrative authority shall specify in the detection order the period during which it applies, indicating the start date and the end date.
Amendment 461 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The competent judicial authority or independent administrative authority shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include:
Amendment 465 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) identification details of the competent judicial authority or the independent administrative authority issuing the detection order and authentication of the detection order by that judicial or independent administrative authority;
Amendment 474 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point i
Article 8 – paragraph 1 – point i
(i) the date, time stamp and electronic signature of the judicial or independent administrative authority issuing the detection order;
Amendment 478 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
The competent judicial authority or independent administrative authority issuing the detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.
Amendment 488 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of hosting services and providers of interpersonal communications services that have received a detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the detection order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the detection order.
Amendment 491 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
When the detection order becomes final, the competent judicial authority or independent administrative authority that issued the detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).
Amendment 498 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
In respect of the detection orders that the competent judicial authority or independent administrative authority issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the detection orders occurred and, in particular, whether the conditions of Article 7(4) continue to be met. In that regard, it shall take account of additional mitigation measures that the provider may take to address the significant risk identified at the time of the issuance of the detection order.
Amendment 500 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
That Coordinating Authority shall request to the competent judicial authority or independent administrative authority that issued the detection order the modification or revocation of such order, where necessary in the light of the outcome of that assessment. The provisions of this Section shall apply to such requests, mutatis mutandis.
Amendment 540 #
2022/0155(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. TheAll providers shall establish and operate an easily found, accessible, age- appropriate and user-friendly mechanism that allows users to flag to the provider potential online child sexual abuse on the service. Those mechanisms shall allow for the submission of notices anonymously and exclusively by electronic means and for a clear indication of the exact electronic location of that information.
Amendment 554 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse material.
Amendment 558 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. The competent judicial authority or the independent administrative authority shall issue a removal order using the template set out in Annex IV. Removal orders shall include:
Amendment 559 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) identification details of the judicial or independent administrative authority issuing the removal order and authentication of the removal order by that authority;
Amendment 562 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point h
Article 14 – paragraph 3 – point h
(h) the date, time stamp and electronic signature of the judicial or independent administrative authority issuing the removal order;
Amendment 564 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Providers of hosting services that have received a removal order issued in accordance with Article 14, as well as the users who provided the material, shall have the right to an effective redress. That right shall include the right to challenge such a removal order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the removal order.
Amendment 566 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
When the removal order becomes final, the competent judicial authority or independent administrative authority that issued the removal order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).
Amendment 569 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
The Coordinating Authority of establishment may request, when requesting the judicial authority or independent administrative authority issuing the removal order, and after having consulted with relevant public authorities, that the provider is not to disclose any information regarding the removal of or disabling of access to the child sexual abuse material, where and to the extent necessary to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.
Amendment 570 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point a
Article 15 – paragraph 4 – subparagraph 2 – point a
(a) the judicial authority or independent administrative authority issuing the removal order shall set the time period not longer than necessary and not exceeding six weeks, during which the provider is not to disclose such information;
Amendment 571 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point c
Article 15 – paragraph 4 – subparagraph 2 – point c
(c) that judicial authority or independent administrative authority shall inform the provider of its decision, specifying the applicable time period.
Amendment 572 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 3
Article 15 – paragraph 4 – subparagraph 3
That judicial authority or independent administrative authority may decide to extend the time period referred to in the second subparagraph, point (a), by a further time period of maximum six weeks, where and to the extent the non-disclosure continues to be necessary. In that case, that judicial authority or independent administrative authority shall inform the provider of its decision, specifying the applicable time period. Article 14(3) shall apply to that decision.
Amendment 573 #
2022/0155(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Delisting orders 1. The competent authority shall have the power to issue an order requiring a provider of online search engines under the jurisdiction of that Member State to take reasonable measures to delist a Uniform Resource Locator corresponding to online locations where child sexual abuse material can be found from appearing in search results. 2. The provider shall execute the delisting order without undue delay. The provider shall take the necessary measures to ensure that it is capable of reinstating the Uniform Resource Locator to appear in search results. 3. Before issuing a delisting order, the issuing authority shall inform the provider, if necessary via the Coordinating Authority, of its intention to do so specifying the main elements of the content of the intended delisting order and the reasons for its intention. It shall afford the provider an opportunity to comment on that information, within a reasonable time period set by that authority. 4. A delisting order shall be issued where the following conditions are met: (a) the delisting is necessary to prevent the dissemination of the child sexual abuse material in the Union, having regard in particular to the need to protect the rights of the victims; (b) all necessary investigations and assessments, including of search results, have been carried out to ensure that the Uniform Resource Locator to be delisted correspond, in a sufficiently reliable manner, to online locations where child sexual abuse material can be found. 5. The issuing authority shall specify in the delisting order the period during which it applies, indicating the start date and the end date. The period of application of delisting orders shall not exceed five years. 6. The Coordinating Authority or the issuing authority shall, where necessary and at least once every year, assess whether any substantial changes to the grounds for issuing the delisting orders have occurred and whether the conditions of paragraph 4 continue to be met.
Amendment 574 #
2022/0155(COD)
Proposal for a regulation
Article 15 b (new)
Article 15 b (new)
Article 15 b Redress and provision of information 1. Providers of online search engines that have received a delisting order shall have a right to effective redress. That right shall include the right to challenge the delisting order before the courts of the Member State of the authority that issued the delisting order. 2. If the order is modified or repealed as a result of a redress procedure, the provider shall immediately reinstate the delisted Uniform Resource Locator to appearing in search results. 3. When the delisting order becomes final, the issuing authority shall, without undue delay, transmit a copy thereof to the Coordinating Authority. The Coordinating Authority shall then, without undue delay, transmit copies thereof to all other Coordinating Authorities and the EU Centre through the system established in accordance with Article 39(2). For the purpose of the first subparagraph, a delisting order shall become final upon the expiry of the time period for appeal where no appeal has been lodged in accordance with national law or upon confirmation of the delisting order following an appeal. 4. Where a provider prevents users from obtaining search results for child sexual abuse material corresponding to Uniform Resource Locator pursuant to a delisting order, it shall take reasonable measures to inform those users of the following: (a) the fact that it does so pursuant to a delisting order; (b) the right of providers of delisted Uniform Resource Locators corresponding to blocked online locations to judicial redress referred to in paragraph 1 and the users’ right to submit complaints to the Coordinating Authority in accordance with Article 34.
Amendment 576 #
2022/0155(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities. They shall also not be liable for carrying out, in good faith and in accordance with Article 4, voluntary measures and activities, in particular those aimed at detecting, identifying, removing, disabling of access to, blocking or reporting online child sexual abuse in accordance with those requirementsis Regulation.
Amendment 581 #
2022/0155(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Each Member State shall ensure that a contact point is designated or established within the Coordinating Authority’s office to efficiently handle requests for clarification, feedback and other communications in relation to all matters related to the application and enforcement of this Regulation in that Member State. Member States shall make the information on the contact point publicly available and communicate it to the EU Centre. They shall keep that information updated.
Amendment 587 #
2022/0155(COD)
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. The EU Centre shall provide such assistance without undue delay, free of charge and in accordance with its tasks and obligations under this Regulation and insofar as its resources and priorities allow.
Amendment 589 #
2022/0155(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that the Coordinating Authorities that they designated perform their tasks under this Regulation in an objective, impartial, transparent and timely manner, while fully respecting the fundamental rights of all parties affected. Member States shall ensure thatprovide their Coordinating Authorities have adequatewith sufficient technical, financial and human resources to efficiently carry out their tasks.
Amendment 598 #
2022/0155(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The Coordinating Authorities shall ensure that relevant members of staff have the required qualifications, experience, integrity and technical skills to perform their duties.
Amendment 613 #
2022/0155(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32 a Public awareness campaigns Coordinating authorities shall in cooperation with the EU Center regularly carry out public awareness campaigns to inform about measures to prevent and combat child sexual abuse online and offline and how to seek child-fiendly and age appropriate reporting and assistance and to inform about victims rights.
Amendment 627 #
2022/0155(COD)
Proposal for a regulation
Article 38 – paragraph 2 a (new)
Article 38 – paragraph 2 a (new)
2 a. Coordinating Authorities shall increase public awareness regarding the nature of the problem of online child sexual abuse material, how to seek assistance, and how to work with providers of relevant information society services to efficiently detect, remove and block content and coordinate victim identification efforts undertaken in collaboration with existing victim identification programmes.
Amendment 628 #
2022/0155(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Coordinating Authorities shall efficiently cooperate with each other, any other competent authorities of the Member State that designated the Coordinating Authority, the Commission, the EU Centre and, other relevant Union agencies, including Europol particular Europol and hotlines, to facilitate the performance of their respective tasks under this Regulation and ensure its effective, efficient and consistent application and enforcement.
Amendment 631 #
2022/0155(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The EU Centre shall establish and maintain one or more reliable and secure information sharing systems supporting communications between Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies, hotlines and providers of relevant information society services.
Amendment 634 #
2022/0155(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. The Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies, hotlines and providers of relevant information society services shall use the information-sharing systems referred to in paragraph 2 for all relevant communications pursuant to this Regulation.
Amendment 122 #
2022/0115(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Where applicable, the information included in the single document shall be made available through the Digital Product Passport as set out by the Regulation establishing a framework for ecodesign requirements for sustainable products and repealing Directive 2009/125/ECMicro and small and medium sized companies often struggle with administrative tasks, therefore the competent authorities should draw up the single document for them on the basis of their product specifications and send it for their approval.
Amendment 126 #
2022/0115(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The Member States should establish details concerning the national stage procedure, but the admissibility of the opposition and the reasons for denying registration of a geographical indication have to be aligned with the ones on the Union stage.
Amendment 131 #
2022/0115(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) It is possible for certain Member States to obtain a derogationpt out from the Member States’ obligation to designate a national authority in respect of geographical indications for craft and industrial products to take charge of the procedures for registration, national opposition, amendments to the product specification and cancellation of the registration under certain circumstances specified in this Regulation. That derogation, that should take the form of a Commission Decision,. That derogation can also takes into account the fact that certain Member States do not have a specific national system for the management of geographical indications for craft and industrial products and that the local interest in these countries to protect these geographical indications is minimal. Under these circumstances, it would not be justified to oblige the respective Member State to set up an infrastructure, employ the necessary personnel and purchase facilities for the management of these geographical indications. It is more effective and economical to provide an alternative procedure for the producer groups from these Member States to protect their products by a geographical indication. The “direct registration procedure” has cost advantages reaped by Member States. Pursuant to this derogation, procedures for registration, amendments to the product specification and cancellation should be managed directly by the Office. In this regard the Office should receive the effective assistance of the administrative authorities of that Member State when required by the Office, through designation of a contact point, as regards in particular aspects related to the examination of the application. In those cases, the Office should be entitled to charge a registration fee, considering that this procedure generates more work for the Office than the management of Union applications. However, the application of the “direct registration procedure” should not exempt Member States from the obligation to designate a competent authority for the controls and enforcement and to take the necessary actions to enforce the rights set out in this Regulation. The competent authority maintained or designated for the management of the geographical indications and the competent authority designated for the controls and enforcement may differ, when a Member State so decides.
Amendment 135 #
2022/0115(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 138 #
2022/0115(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications for craft and industrial products. The register should be an electronic database stored within an information system, and should be easily accessible to the public. The Union register of geographical indications for craft and industrial products should be developed, kept and maintained by the Office and also the personnel for its operation should be provided by the Office.
Amendment 139 #
2022/0115(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) It is necessary to establish an Advisory Board, which is a pool of experts, composed of representatives from Member States and the Commission. The purpose of the Advisory Board is to provide the necessary local knowledge and expertise concerning certain products and knowledge about the local circumstances that may influence the outcome of the procedures laid down in this Regulation. In order to support the Office on its assessment of individual applications at any stage of the examination, opposition, appeal or other procedures with specific technical knowledge, the Geographical Indications Division or the Boards of Appeal, at its own initiative or at the request of the Commission, should have the possibility to consult the Advisory Board. The consultation, when necessary, should also include a general opinion on assessing quality criteria, establishing reputation and renowof a geographical indication, determining generic nature of a name, and assessing fair competition in commercial transactions and the risk of confusing consumers. The opinion of the Advisory Board should not be binding. The Advisory Board should also include experts in the field of the concerned product category, including from academia. The appointment procedure of the experts and the operation of the Advisory Board should be specified in the rules of procedure of the Advisory Board approved by the Management Board.
Amendment 143 #
2022/0115(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) As it is the first time that an Union- wide geographical indication protection system for craft and industrial product is implemented, it is importantthe Commission, Member States and relevant stakeholders are encouraged to raise awareness among consumers, producers, especially MSMEs and public authorities at national, regional and local level about the initiative.
Amendment 146 #
2022/0115(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The added value of geographical indications is based on consumer trust. Such trust can only be well-founded if the registration of geographical indications is accompanied by effective verification and controls, including the producer’s due diligence.
Amendment 149 #
2022/0115(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Member States should have the possibility to allow producers to fulfil their obligation to perform due diligence by submitting a self-declaration to the competent authorities every three years, demonstrating their continued compliance. Producers should be required to renew their self-declaration immediately where there is an amendment to the product specification or a change affecting the concerned product. The use of self- declaration should not prevent producers from having their conformity fully or partially certified by eligible third parties. A third-party certification should be able to supplement a self-declaration but not replace it.
Amendment 152 #
2022/0115(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 162 #
2022/0115(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to craft and industrial products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724 __________________ 24 Council Regulation (EEC) N0 2685/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff Regulation (OJ L 256, 7.9.1987 p.1)creates a sui generis protection for the geographical indication of craft and industrial products.
Amendment 169 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘craft products’ means products produced either totally by hand or with the aid of manual tools or by mechanical means, whenever the direct manual contribution is the most important component of the finished product;
Amendment 172 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘industrial products’ means products produced in a standardised way, typically on mass scale and through the use of machines;
Amendment 173 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) “geographical indications” means an indication consisting of or containing the name of a geographical area, or another indication known as referring to such area, which identifies a good as originating in that geographical area, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin;
Amendment 215 #
2022/0115(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the specification of the defined geographical area creating the link referred to in point (g)as referred to in Article 5 point (b) and details establishing the link between the geographical area and a given quality, the reputation or other characteristic of the product,
Amendment 217 #
2022/0115(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point g
Article 7 – paragraph 1 – point g
Amendment 239 #
2022/0115(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where a Member State charges a fee, the level of the fees shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall take into account the situation offoresee reductions for micro, small and medium- sized enterprises.
Amendment 244 #
2022/0115(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point a a (new)
Article 11 – paragraph 3 – point a a (new)
(aa) The competent authority shall ensure that applicants can submit their applications electronically via the digital system of the Office according to Article 18 paragraph 1 and Article 64.
Amendment 247 #
2022/0115(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The competent authority shall examine the application and shall check within six months from the submission of the application that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information for registration referred to in Articles 7, 8 and 9. Where the examination period exceeds or is likely to exceed 6 months, the competent authority shall inform the applicant of the reasons for the delay in writing.
Amendment 250 #
2022/0115(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
In case Article 8 (1a (new)) applies the competent authority shall prepare the single document on the basis of the information provided according to Articles 7 and 9 and send it to the applicant for approval.
Amendment 253 #
2022/0115(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The competent authority shall establish the detailed arrangements of the opposition procedure. Those detailed arrangements may include criteria for the admissibility of an opposition, a period of consultation between the applicant and each national opponent, and submission of a report from the applicant on the outcome of the consultations including any changes the applicant has made to the applicationcheck the admissibility of the opposition. If it considers that the opposition is admissible, it shall, within 30 days after the receipt of that opposition, invite the opponent and the applicant to engage in consultations for a reasonable period not exceeding 3 months. At any time during that period, the competent authority may, at the request of either party, extend the time limit for the consultations by a maximum of 3 months.
Amendment 256 #
2022/0115(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. If the competent authority, after the examination of the application and the assessment of the results of any oppositions received, and any changes to the application agreed with the applicant, finds that the requirements of this Regulation are met, within two months it shall take a favourable decision and within two months from the favourable decision lodge a Union application for registration in accordance with Article 17.
Amendment 257 #
2022/0115(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. By way of derogation from Article 11, the Commission shall be empowered to exempt a Member Staa Member State can be exempted from the obligation to designate a competent authority in accordance with Article 11(1) and to handle the management of the applications of geographical indications for craft and industrial products at national level, if the Member State, by 6 months from the date of entry into force of this Regulation, provideinforms the Commission with evidence that shows that the following conditions are met:about its opt-out.
Amendment 259 #
2022/0115(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 260 #
2022/0115(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 261 #
2022/0115(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 263 #
2022/0115(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. When a Member State makes use of the derogation in accordance with paragraph 1, the application from a producer groupn applicant of that Member State for registration, cancellation or amendment tof the product specification of a geographical indication originating in the Union shall be addressed directly to the Office. In case Article 8 (2) applies the Office shall also prepare the single document on the basis of the information provided according to Articles 7 and 9.
Amendment 264 #
2022/0115(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 297 #
2022/0115(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. A publicly and easily accessible electronic Union register of geographical indications for craft and industrial products shall be developed, kept and maintained by the Office for the management of geographical indications for craft and industrial products.
Amendment 301 #
2022/0115(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Office shall ensure that any person is able to easily download an official extract from the Union register of geographical indications for craft and industrial products that provides proof of registration of the geographical indication, and the relevant data including the date of application for the registration of the geographical indication or other priority date. The official extract may be used as an authentic certificate in legal proceedings, in a court of law, in a court of arbitration or similar body.
Amendment 310 #
2022/0115(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) where no product has been placed on the market under the geographical indication for at least a consecutive period of 75 years.
Amendment 324 #
2022/0115(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. The Advisory Board shall be composed of one representative of each Member State and, one representatives of the Commission and, their respective alternates and experts in the field of the concerned product category, including of academia.
Amendment 348 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall regularly verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the work of the producer group.
Amendment 356 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. Producer groups shall ensure that producers within the group continuously comply with the relevant product specification when using of the name and symbol in the market. They may: (a) monitor the commercial use of the geographical indication in the market; (b) develop activities related to ensuring compliance of a product designated by a geographical indication with its product specification; (c) take action to ensure adequate legal protection of the geographical indication, including, where appropriate, informing the competent authorities as referred to in Article 45(1).
Amendment 377 #
2022/0115(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. Competent authorities referred to in paragraph 1 shall be objective and impartial, and shall have at their disposal thesufficiently qualified staff and resources necessary toin order to efficiently carry out their functions.
Amendment 381 #
2022/0115(COD)
Proposal for a regulation
Article 47
Article 47
Amendment 382 #
2022/0115(COD)
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The enforcement authority shall regularly carry out controls, based on a risk analysis and on notifications of interested producers of products designated by geographical indications, to ensure conformity with the product specification or the single document or an equivalent to the latter.
Amendment 388 #
2022/0115(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Without prejudice to Article 46, Member States mayshall allow a self- declaration for the verification of compliance with the product specification. The producer shall submit such self- declaration to the competent authorities referred to in Article 45(1).
Amendment 389 #
2022/0115(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Member States mayshall allow producers to submit a self-declaration once every 3 years to the competent authorities to ensure their continuous conformity with the product specification in the marketplace. Where the product specification is amended or changed in a way that affects the concerned product, the self-declaration shall be renewed immediately.
Amendment 390 #
2022/0115(COD)
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
Amendment 394 #
2022/0115(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Office shall make public the names and addresses of the competent authorities and product certification bodies referred to in Article 46(4) and update that information periodicallywhen changes occur.
Amendment 395 #
2022/0115(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The Office mayshall establish a digital portal where the names and addresses of the competent authorities and delegated product certification bodies including natural persons referred to in paragraphs 1 and 2 are made public.
Amendment 397 #
2022/0115(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
The digital system referred to in Article 18(1) and the Union register of geographical indications for craft and industrial products referred to in Article 26 shall be developed, kept and maintained by the Office. The Office shall make that digital system easy accessible and design in such a way, that it can be used by the Member States for their national procedure according to Articles 11 (3 a new) and 18 (1).
Amendment 400 #
2022/0115(COD)
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. Eligible Member States shall provide the Commission by [six months after the date of entry into force of this Regulation] with the information requested in Article 15 in order to opt forif they wish to opt out and choose the “direct registration” procedure. On the basis of the information received, the Commission shall adopt a Decision on the right of the concerned Member State to opt for the “direct registration” procedure and hence, to not designate a national authority for the management at national level of the procedures for the application, amendment of the product specification and cancellation as referred to in Article 15.
Amendment 110 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 1 – paragraph 1 – points (f a) (new) – (f b) (new) – (f c) (new)
Article 1 – paragraph 1 – points (f a) (new) – (f b) (new) – (f c) (new)
Amendment 119 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2, after point (c)
Article 13 – paragraph 2, after point (c)
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..
Amendment 125 #
2022/0104(COD)
Amendment 129 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point v
Article 1 – paragraph 1 – point 10 – point a – point v
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (bb) (new)
Article 14 – paragraph 1 – subparagraph 2 – point (bb) (new)
Amendment 132 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi
Article 1 – paragraph 1 – point 10 – point a – point vi
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (b c) (new)
Article 14 – paragraph 1 – subparagraph 2 – point (b c) (new)
Amendment 135 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vii
Article 1 – paragraph 1 – point 10 – point a – point vii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (d) – subpoint (iii) (new)
Article 14 – paragraph 1 – subparagraph 2 – point (d) – subpoint (iii) (new)
Amendment 137 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14 a (new)
Article 14 a (new)
Amendment 138 #
2022/0104(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69 . Addressing pollution from certain agro- industrial activities thus requires their inclusion within the scope of that Directive. __________________ 69 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control); OJ L 334, 17.12.2010, p. 17-119.
Amendment 149 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 160 #
2022/0104(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Rearing of pigs, poultry and cattle cause significant, while contributing to food security, cause pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density, design like free- ventilated stables, trade-offs with animal welfare and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices.
Amendment 161 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 a
Article 15 – paragraph 3 a
Amendment 206 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c (new)
Article 27 c (new)
Amendment 207 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c (new)
Article 27 c (new)
Amendment 208 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c (new)
Article 27 c (new)
Amendment 211 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new)
Article 27 d (new)
Amendment 213 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new)
Article 27 d (new)
Amendment 215 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 (new) – paragraph 1
Article 27 (new) – paragraph 1
Amendment 216 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27d (new) – paragraph 1 – first part
Article 27d (new) – paragraph 1 – first part
Amendment 225 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 1 – second part
Article 27 d (new) – paragraph 1 – second part
Amendment 229 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2
Article 27 d (new) – paragraph 2
Amendment 231 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2 – first part
Article 27 d (new) – paragraph 2 – first part
Amendment 234 #
2022/0104(COD)
Proposal for a directive
Recital 29
Recital 29
(29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, while not affecting sustainable European farming, based on the principles of respecting animal welfare, healthy and sustainable food production and promotion of small-scale and family farming, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry, pigs and cattle, and to amend Annexes I and Ia to that Directive by adding an agro-industrial activity to ensure that it meets its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment and pigs. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 77 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14.
Amendment 238 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2 – second part
Article 27 d (new) – paragraph 2 – second part
Amendment 244 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 3
Article 27 d (new) – paragraph 3
Amendment 251 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 4
Article 27 d (new) – paragraph 4
Amendment 268 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79 a (new) – paragraph 2
Article 79 a (new) – paragraph 2
Amendment 272 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79 a (new) – paragraph 4
Article 79 a (new) – paragraph 4
Amendment 279 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/75/EU
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions and pollution;;
Amendment 290 #
2022/0104(COD)
Proposal for a directive
Annex I – paragraph 1 – point e
Annex I – paragraph 1 – point e
Directive 2010/75/EU
Annex I – paragraph 3.6 (new)
Annex I – paragraph 3.6 (new)
Amendment 293 #
2022/0104(COD)
Proposal for a directive
Annex I – paragraph 1 – point i
Annex I – paragraph 1 – point i
Directive 2010/75/EU
Annex I – paragraph 6.5
Annex I – paragraph 6.5
6.5. Disposal or recycling of animal carcases or animal by-products of Category 1 within the meaning of Article 8 or Category 2 within the meaning of Article 9 of Regulation (EC) No. 1069/2009, with the exception of liquid manure, guano, stomach and intestinal contents, milk, milk products, colostrum, eggs and egg products with a treatment capacity exceeding 10 tonnes per day..
Amendment 338 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 b
Article 3 – paragraph 1 – point 23 b
Amendment 343 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 c
Article 3 – paragraph 1 – point 23 c
Amendment 417 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/75/EU
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 428 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 516 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f a
Article 11 – paragraph 1 – point f a
Amendment 521 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f b
Article 11 – paragraph 1 – point f b
Amendment 533 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f a – f c
Article 11 – paragraph 1 – point f a – f c
Amendment 602 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..
Amendment 610 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..
Amendment 650 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point iii
Article 1 – paragraph 1 – point 10 – point a – point iii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point a a
Article 14 – paragraph 1 – subparagraph 2 – point a a
Amendment 659 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point v
Article 1 – paragraph 1 – point 10 – point a – point v
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point b b
Article 14 – paragraph 1 – subparagraph 2 – point b b
Amendment 664 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi
Article 1 – paragraph 1 – point 10 – point a – point vi
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point b c
Article 14 – paragraph 1 – subparagraph 2 – point b c
Amendment 680 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vii
Article 1 – paragraph 1 – point 10 – point a – point vii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point d – subpoint iii
Article 14 – paragraph 1 – subparagraph 2 – point d – subpoint iii
Amendment 697 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a
Article 14a
Amendment 791 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 824 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 a
Article 15 – paragraph 3 a
Amendment 962 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 d (new)
Article 1 – paragraph 1 – point 15 d (new)
Directive 2010/75/EU
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
(15d) In Article 21, paragraph 3 a (new) is inserted as follows: 3a. In case undertakings are implementing deep industrial transformations towards EU objectives of a circular and climate neutral economy, the competent authority shall exempt the operator from the reconsideration and updating of permit conditions for the activities concerned until the transformation is completed.
Amendment 1059 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c – title
Article 27 c – title
Amendment 1060 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c – paragraph 1
Article 27 c – paragraph 1
Amendment 1070 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27d – number
Article 27d – number
Amendment 1081 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – title
Article 27 d – title
Amendment 1088 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1
Article 27 d – paragraph 1
Amendment 1123 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 2
Article 27 d – paragraph 2
Amendment 1158 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 3
Article 27 d – paragraph 3
Amendment 1175 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 4
Article 27 d – paragraph 4
Amendment 1230 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 24
Article 1 – paragraph 1 – point 24
Directive 2010/75/EU
Chapter VIa – title
Chapter VIa – title
SPECIAL PROVISIONS FOR INTENSIVE REARING OF POULTRY, AND PIGS AND CATTLE
Amendment 1246 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70a – paragraph 1
Article 70a – paragraph 1
This Chapter shall apply to the activities set out in Annex Ia which reach the capacity thresholds set out in that Annex. intensive rearing of poultry and pigs: (a) with more than 40000 places for poultry, (b) with more than 2000 places for production pigs (over 30 kg), or (c) with more than 750 places for sows.
Amendment 1250 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b
Article 70b
Amendment 1254 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b – title
Article 70b – title
Amendment 1259 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b – paragraph 1
Article 70b – paragraph 1
Amendment 1272 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – title
Article 70c – title
Permits and simplified registration
Amendment 1275 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Member States shall take the necessary measures to ensure that no installation falling within the scope of this Chapter is operated without a permit and that its operation complies with the operating rules referred to in Article 70i. In case of stables on family farms or free-ventilated stables or pasture, permits are not needed.
Amendment 1282 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 1 a (new)
Article 70c – paragraph 1 a (new)
1a. By way of derogation from paragraph 1 of this Article, Member States may provide for a specific procedure for the registration of farms rearing animals covered in this Chapter. The procedure for registration referred to in the first subparagraph shall be laid down in a binding act and include at least a requirement for a notification to the competent authority by the farmer of the intention to operate its activity. Member States shall use any similar pre-existing procedure for the registration in order to avoid creating an administrative burden.
Amendment 1285 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point a
Article 70c – paragraph 2 – subparagraph 1 – point a
(a) the installationfarm, its building and its activities
Amendment 1288 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point c
Article 70c – paragraph 2 – subparagraph 1 – point c
(c) the capacity of the installationbuilding where the rearing takes place;
Amendment 1292 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
(d) the sources of emissions from the installationbuilding where the rearing takes place;
Amendment 1295 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point e
Article 70c – paragraph 2 – subparagraph 1 – point e
(e) the nature and quantities of foreseeable emissions from the installation into each mediumbuilding where the rearing takes place, into each medium under normal operating conditions.
Amendment 1313 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 4
Article 70c – paragraph 4
4. Member States shall take necessary measures to ensure that the operatofarmer informs the competent authority, without delay, of any planned substantial change to the installationsfarm and farm buildings where the rearing takes place, falling within the scope of this Chapter which may have consequences for the environment. Where appropriate, the competent authority shall reconsider and update the permit.
Amendment 1319 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – number
Article 70d – number
Amendment 1322 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 1 – subparagraph 1
Article 70d – paragraph 1 – subparagraph 1
Amendment 1323 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 1– subparagraph 2
Article 70d – paragraph 1– subparagraph 2
Amendment 1325 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 2
Article 70d – paragraph 2
Amendment 1329 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 3
Article 70d – paragraph 3
Amendment 1392 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – introductory part
Article 70i – paragraph 1 – subparagraph 1 – introductory part
The Commission shall establish operating rules containing requirements consistent with the use of best available techniques for the activities listed in Annex Ireferred to in Article 70a, which shall include the following:
Amendment 1542 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 2
Article 79a – paragraph 2
Amendment 1550 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4
Article 79a – paragraph 4
Amendment 1558 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4
Article 79a – paragraph 4
4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violation to prove that the violation did not cause or contribute to the damage. This shall not apply to violation related to activities referred to in Article 70a.
Amendment 1581 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Directive 2010/75/EU
Annex Ia
Annex Ia
Amendment 1621 #
2022/0104(COD)
Proposal for a directive
Annex I – paragraph 1 – point e
Annex I – paragraph 1 – point e
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 3 – point 3.6
Annex I – paragraph 3 – subparagraph 3 – point 3.6
Amendment 1639 #
2022/0104(COD)
Proposal for a directive
Annex I – paragraph 1 – point i
Annex I – paragraph 1 – point i
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 6 – point 6.5
Annex I – paragraph 3 – subparagraph 6 – point 6.5
6.5. Disposal or recycling of animal carcases or animal by-products of Category 1 within the meaning of Article 8 or Category 2 within the meaning of Article 9 of Regulation (EC) No. 1069/2009, with the exception of liquid manure, guano, stomach and intestinal contents, milk, milk products, colostrum, eggs and egg products with a treatment capacity exceeding 10 tonnes per day..
Amendment 1652 #
2022/0104(COD)
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – number
Annex Ia – number
Amendment 1659 #
2022/0104(COD)
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 1
Annex Ia – paragraph 1
Amendment 1678 #
2022/0104(COD)
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2
Annex Ia – paragraph 2
Amendment 67 #
2022/0092(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In order to deter traders from deceiving consumers as regards the environmental or social impact, durability or reparability of their products, including through the overall presentation of the products, Article 6(1) of Directive 2005/29/EC should be amended by adding the environmental or social impact, durdurability, reusability, recyclability and reparability of the product to the list of the main characteristics of the product in respect of which the trader’s practices can be considered misleading, following a case-by-case assessment. Information provided by traders on the social sustainability of products, such as working conditions, charity contributions or animal welfare, should not mislead consumers either.
Amendment 81 #
2022/0092(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Annex I to Directive 2005/29/EC should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to thevague or non-specific environmental claim.s Examples of such genervague or non- specific environmental claims are ‘environmentally friendly’, ‘eco-friendly’, ‘eco’, ‘green’, ‘nature’s friend’, ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, ‘carbon friendly’, ‘carbon neutral’, ‘carbon positive’, ‘climate neutral’, ‘energy efficient’, ‘biodegradable’, ‘biobased’ or similar statements, as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. Such genervague or non-specific environmental claims should be prohibited whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim is not provided in clear and prominent terms on the same medium or through digital means, such as the same advertising spot, product’s packaging or online selling interface. For example, the claim ‘biodegradable’, referring to a product, would be a genervague or non-specific claim, whilst claiming that ‘the packaging is biodegradable through home composting in one month’ would be a specific claim, which does not fall under this prohibition.
Amendment 83 #
2022/0092(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Excellent environmental performance can be demonstrated by compliance with Regulation (EC) No 66/2010 of the European Parliament and of the Council22 , or officially recognised ecolabelling schemes in the Member States, or compliance with top environmental performance for a specific environmental aspect in accordance with other applicable Union laws, such as a class Arecognised environmental performance that corresponds with the two highest significantly populated classes of energy efficiency in accordance with Regulation (EU) 2017/1369 of the European Parliament and of the Council23 . The excellent environmental performance in question should be relevant to the claim. For example, a generic claim ‘energy efficient’ could be made based on excellent environmental performance in accordance with Regulation (EU) 2017/1369. By contrast, a genervague or non-specific claim ‘biodegradable’ could not be made based on excellent environmental performance in accordance with Regulation (EC) No 66/2010, insofar as there are no requirements for biodegradability in the specific EU Ecolabel criteria related to the product in question. __________________ 22 Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (Text with EEA relevance) (OJ L 27, 30.1.2010, p. 1). 23 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017).
Amendment 93 #
2022/0092(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 97 #
2022/0092(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Another practice which should be prohibited under Annex I to Directive 2005/29/EC is the practice of claiming that a good has a certain durability when it does not. That would be the case, for instance, when a trader informs consumers that a washing machine is expected to last a certain number of washing cycles, with normal expected use in accordance with instructions while the actual use of washing machine shows this is not the case.
Amendment 98 #
2022/0092(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Similarly, Annex I to Directive 2005/29/EC should also be amended to prohibit presenting products as allowing repair when such repair is not possible provided the product has been used in accordance with expected as normal use, as well as omitting to inform consumers that it is not possible to repair goods in accordance with legal requirements.
Amendment 116 #
2022/0092(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 125 #
2022/0092(COD)
Proposal for a directive
Recital 29
Recital 29
(29) To promote competition between producers as regards the durability of goods with digital elements the traders selling those goods should inform consumers about the minimum period of time during which the producer commitintends to provide software updates for such goods. However, to avoid overloading consumers with information, such information should only be provided when this period is longer than the period of the producer’s commercial guarantee of durability, as that guarantee entails the provision of updates, including security updates, that are necessary to maintain the required functions and performance of goods with digital elements. Furthermore, information about the producer’s commitmentintentions to provide software updates is relevant only where the sales contract regarding goods with digital elements provides for a single act of supply of the digital content or digital service in respect of which Article 7(3), point (a), of Directive (EU) 2019/771 applies. In contrast, there should be no new obligation to provide that information where the sales contract provides for a continuous supply of the digital content or digital service over a period of time, since for those contracts Article 7(3), point (b), of Directive (EU) 2019/771 specifies, by reference to Article 10 (2) or (5), the period of time during which the seller is to ensure that the consumer is informed of and supplied with updates.
Amendment 128 #
2022/0092(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Likewise, traders offering digital content and digital services should also inform consumers about the minimum period during which the provider of the digital content or digital service, where the provider is different from the trader, commitintends to provide necessary software updates, including security updates, necessary to keep the digital content and digital services in conformity. Information about the provider’s commitmentintentions to provide software updates is relevant only where the contract provides for a single act of supply or a series of individual acts of supply in respect of which Article 8(2), point (b), of Directive 2019/770 applies. In contrast, there should be no new obligation to provide that information where the contract provides for a continuous supply over a period of time, since for these contracts Article 8(2), point (a) of Directive (EU) 2019/770 specifies the period of time during which the trader is to ensure that the consumer is informed of and supplied with updates.
Amendment 133 #
2022/0092(COD)
Proposal for a directive
Recital 31
Recital 31
(31) To allow consumers to make an informed transactional decision and choose goods that are easier to repair, traders should provide, before the conclusion of the contract, for all types of goods, where applicable, provide information about the reparability scofeatures of the good as provided by the producers, in accordance with Union law.
Amendment 135 #
2022/0092(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Pursuant to Article 5(1), point (e), and Article 6(1), point (m), of Directive 2011/83/EU traders are obliged to provide the consumer before the consumer is bound by the contract with information on the existence and the conditions of after-sales services, including repair services, where such services are provided. In addition, in order to ensure that consumers are well informed about the reparability of the goods they purchase, where a reparability score is not established in accordance with Union law, traders should provide, for all types of goods, other relevant repair information that is made available by the producer, such as information about the availability of spare parts, and a user and repair manual.
Amendment 138 #
2022/0092(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Traders should provide consumers with information about the existence and duration of the producer’s commercial guarantee of durability, the minimum period for updates and the repair information other than the reparability score,necessary updates where the producer or provider of the digital content or digital service, when different from the trader, makes the relevant information available. In particular, as regards goods, the trader should convey to consumers the information that the producer has provided to the trader or has otherwise intended to make readily available to the consumer before the conclusion of the contract, by indicating it on the product itself, its packaging or tags and labels that the consumer would normally consult before concluding the contract. The trader should not be required to actively search for such information from the producer, for example, on the product-specific websiteor through digital means.
Amendment 142 #
2022/0092(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36a) The Commission should present easy-to-understand guidelines for businesses with the requirements of this Regulation. When developing such guidelines, the Commission should take into consideration needs of SMEs so as to keep administrative and financial burdens to a minimum while facilitating their compliance with this Regulation. The Commission should consult relevant stakeholders, with expertise in the field of marketing.
Amendment 143 #
2022/0092(COD)
Proposal for a directive
Recital 36 b (new)
Recital 36 b (new)
(36b) Consumer-led review systems based on clear and transparent process can be considered a part of independent monitoring system.
Amendment 144 #
2022/0092(COD)
Proposal for a directive
Recital 36 c (new)
Recital 36 c (new)
(36c) Sustainability labels established by public authorities should be accessible to all businesses regardless of their size and financial capability. Certification schemes and sustainability labels that foster the incremental uptake of sustainable practices by small and medium enterprises should be encouraged.
Amendment 163 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point s
Article 2 – paragraph 1 – point s
(s) ‘certification scheme’ means a third-party verification scheme that is open under transparent, fair and non- discriminatory terms to all traders and entities willing and able to comply with the scheme’s requirements, which certifies that a product complies with certain requirements, and for which the monitoring of compliance is objective, based on international, Union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader; or entity.
Amendment 172 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
(w) ‘software update’ means a free update, including a security update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771;
Amendment 192 #
2022/0092(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2005/29/EC
Article 6 – paragraph 2 – point e
Article 6 – paragraph 2 – point e
(e) advertising benefits for consumers that are considered as a common practice in the relevant market, provided it is used as a unique selling point.
Amendment 204 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 d
Article 2 – paragraph 1 – point 14 d
Amendment 235 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b – introductory part
Article 2 – paragraph 1 – point 2 – point b – introductory part
(b) the following points (i) and (j) areis added:
Amendment 242 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point j
Article 5 – paragraph 1 – point j
(j) when point (i) is not applicableapplicable and relevant, information made available by the producer about the availability of spare parts, including the procedure of ordering them, and about the availability of a user and repair manual.;
Amendment 252 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
(ma) for all types of goods, where the producer makes it available, information that the goods benefit from a commercial guarantee of durability and its duration in units of timexpected under normal use in units of time in operating hours or in cycles of use, where that guarantee covers the entire good and has a duration of more than two years;
Amendment 262 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m c
Article 6 – paragraph 1 – point m c
(mc) for goods with digital elements, where the producer makes such information available, the minimum period in units of time during which the producer provides necessary software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ma), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durability;
Amendment 269 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b – introductory part
Article 2 – paragraph 1 – point 3 – point b – introductory part
(b) the following points (u) and (v) areis added:
Amendment 278 #
2022/0092(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point v
Article 6 – paragraph 1 – point v
(v) when point (u) is not applicableapplicable and relevant, information made available by the producer about the availability of spare parts, including the procedure of ordering them, and about the availability of a user and repair manual.;
Amendment 324 #
2022/0092(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 e
Annex I – point 23 e
23e. Omitting to inform the consumer about the existence of a feature of a good intentionally introduced to limit its durability.
Amendment 46 #
2022/0089(COD)
(11) The Union has for some time been aiming at simplifying the regulatory framework of the Common Agricultural Policy. This approach should also apply to regulations in the field of geographical indications, without calling into question the specific characteristics of each sector. In order to simplify the lengthy registration and amendment procedures, harmonised procedural rules for geographical indications for wine, spirit drinks and agricultural products should be laid down in a single legal instrument, while maintaining product specific provisions for wine in Regulation (EU) No 1308/2013, for spirit drinks in Regulation (EU) 2019/787 and for agricultural products in this Regulation. The procedures for the registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union, including opposition procedures, should be carried out by the Member States and the CommissionEUIPO. The Member States and the CommissionEUIPO should be responsible for distinct stages of each procedure. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the application to the Commission. The CommissionEUIPO. The EUIPO should be responsible for scrutinisexamining the application in the second stage of the procedure, including running a worldwide opposition procedure, and taking a decision on granting the protection to the geographical indication or not. Geographical indications should be registered only at Union level. However, with effect from the date of application with the CommissionEUIPO for registration at Union level, Member States should be able to grant transitional protection at national level without affecting the internal market or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The CommissionEUIPO should carry out the corresponding procedures for geographical indications originating in third countries.
Amendment 48 #
2022/0089(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) To ensure coherent decision- making as regards applications for protection and judicial challenges against them, submitted in the national procedure, the CommissionEUIPO should be informed in a timely and regular manner when procedures are launched before national courts or other bodies concerning an application for registration forwarded by the Member State to the CommissionEUIPO and of their final results. For the same reason, where a Member State considers that a national decision on which the application for protection is based is likely to be invalidated as a result of national judicial proceedings, it should inform the CommissionEUIPO of that assessment. If the Member State requests the suspension of the scrutiny of an application at Union level, the CommissionEUIPO should be exempted from the obligation to meet the deadline for scrutiny established therein. In order to protect the applicant from vexatious legal actions and to preserve the applicant’s right to secure the protection of a name within a reasonable time, the exemption should be limited to cases in which the application for registration has been invalidated at national level by an immediately applicable but not final judicial decision or in which the Member State considers that the action to challenge the validity of the application is based on valid grounds.
Amendment 52 #
2022/0089(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) To ensure transparency and uniformity across Member States, itEUIPO is necessary to establish and maintain an electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The register should provide information to consumers and to those involved in trade. The register should be an electronic database stored within an information system, and should be accessible to the public.
Amendment 60 #
2022/0089(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to ensure that they are impartial and effective, the competent authorities designated to perform the verification of the compliance with the product specification should meet a number of operational criteria. The authorities should have at their disposal sufficient qualified staff and resources in order to efficiently carry out their functions. Provisions on delegating some competences of performing specific control tasks to product certification bodies should be envisaged to facilitate the task of the control authorities and make the system more effective.
Amendment 63 #
2022/0089(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Enforcement of geographical indications in the marketplace is important to prevent fraudulent and deceptive practices thus ensuring that producers are properly rewarded for the added value of their products bearing a geographical indication and that illegal users of those geographical indications are prevented from selling their products. Controls should be carried out based on risk assessment or notifications from operators, and appropriate administrative and judicial steps should be taken to prevent or stop the use of names on products or services that contravene the protected geographical indications.
Amendment 71 #
2022/0089(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The procedures for registration, amendment and cancellation of geographical indications, including the scrutinyexamination and the opposition procedure, should be carried out in the most efficient way. This can be achieved by using the assistance for the scentrustiny of the applications provided byg those tasks to the European Union Intellectual Property Office (EUIPO). While a partial outsourcing to EUIPO has been considerThe EUIPO has already proved, the Commission would remain responsible for registration, amendment and cancellation, due to a strong relation with the Common Agricultural Policy and to the expertise needed to ensure that specifo have necessary expertise and capability to carry out those taks in an efficient way which does not neglect the fact that geographical indiciaties of wine, spirit drinks and agricultural products are adequately assessedons are also rural and agricultural development tools .
Amendment 78 #
2022/0089(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
Amendment 83 #
2022/0089(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The procedures for the registration, amendments to the product specification and the cancellation of the registration in respect of traditional specialities guaranteed originating in the Union, including opposition procedures, should be carried out by the Member States and the CommissionEUIPO. The Member States and the CommissionEUIPO should be responsible for distinct stages of each procedure. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the Union application to the Commission. The CommissionEUIPO. The EUIPO should be responsible for scrutinisexamining the application, including running a worldwide opposition procedure, and taking a decision on granting the traditional specialities guaranteed protection or not. The protection afforded by this Regulation upon registration should be equally available to traditional specialities guaranteed of third countries that meet the corresponding criteria and that are protected in their country of origin. The CommissionEUIPO should also carry out the corresponding procedures for traditional specialities guaranteed originating in third countries.
Amendment 103 #
2022/0089(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) efficient and user-friendly registration of geographical indications through a digital system and taking into account the appropriate protection of intellectual property rights; and
Amendment 105 #
2022/0089(COD)
(e) effective enforcement and marketing throughout the Union and in electronic commerce ensuring the integrity of and fair competition in the internal market.
Amendment 129 #
2022/0089(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A Union application for the registration of a geographical indication shall be submitted to the CommissionEUIPO electronically, through a digital system. The digital system shall have the capacity to allow the submission of applications to national authorities of a Member State, and to be used by the Member State in its national procedure.
Amendment 130 #
2022/0089(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where the application for registration relates to a geographical area outside the Union, the application shall be submitted to the CommissionEUIPO, either directly or via the authorities of the third country concerned. The digital system, referred to in paragraph 1, shall have the capacity to allow submission of applications by an applicant producer group established outside the Union and by national authorities in the third country concerned.
Amendment 131 #
2022/0089(COD)
Proposal for a regulation
Article 17 – title
Article 17 – title
Amendment 133 #
2022/0089(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall scrutinisEUIPO shall examine any application for registration that it receives pursuant to Article 16(1). Such scrutinyexamination shall consist of a check that: (a) there are no manifest errors, that(b) the information provided in accordance with Article 15 is complete; and that(c) the single document referred to in Article 13, which they help drafting in case the applicant is a micro or small or medium sized enterprise, is precise and technical in nature. ItThe examination shall take into account the outcome of the national procedure carried out by the Member State concerned. It shall focus in particular on the single document referred to in Article 13.
Amendment 140 #
2022/0089(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Scrutiny should not exceed a peThe examination should be carrioed ofut in 6 months. In the event that the scrutinyexamination period exceeds or is likely to exceed 6 months the CommissionEUIPO shall inform the applicant of the reasons for the delay in writing.
Amendment 141 #
2022/0089(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The CommissionEUIPO may seek supplementary information from the competent authority or the applicant.
Amendment 142 #
2022/0089(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3 a. Where, based on the examination carried out pursuant to paragraph 1, the EUIPO finds that the application is incomplete or incorrect, the EUIPO shall send its observations to the Member State or in case of third country applications, to the relevant applicant or competent authority that has submitted the Union application, from where that application originates and request to complete or to correct the application within 60 days. If the Member State, or in case of third country applications, the relevant applicant or competent authority, does not complete the application within the deadline, the application shall be suspended and the EUIPO shall inform the applicant that the application will be rejected if not completed or corrected within the following 14 days.
Amendment 144 #
2022/0089(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where, based on the scrutinyexamination carried out pursuant to paragraph 1, the CommissionEUIPO considers that the conditions laid down in this Regulation and in Regulations (EU) No 1308/2013 and (EU) 2019/787, as appropriate, are fulfilled, it shall publish in the Official Journal of the European UnUnion register of geographical indications the single document and the reference to the publication of the product specification.
Amendment 152 #
2022/0089(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 155 #
2022/0089(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall keep the Commission informedThe competent authority of the Member States shall immediately inform the EUIPO of any national administrative or judicial proceedings that may affect the registration of a geographical indication.
Amendment 159 #
2022/0089(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The CommissionEUIPO shall be exempted from the obligation to meet the deadline to perform the scrutinyexamination referred to in Article 17(2) and to inform the applicant of the reasons for the delay where it receives a communication from a Member State, concerning an application for registration in accordance with Article 9(6), which:
Amendment 160 #
2022/0089(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) informs the CommissionEUIPO that the decision referred to in Article 9(6) has been invalidated at national level by an immediately applicable but not final judicial decision; or
Amendment 161 #
2022/0089(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) requests the CommissionEUIPO to suspend the scrutinyexamination because national administrative or judicial proceedings have been initiated to challenge the validity of the application and the Member State considers that those proceedings are based on valid grounds.
Amendment 162 #
2022/0089(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The exemption set out in paragraph 2 shall have effect until the CommissionEUIPO is informed by the competent authority of the Member State that the original application has been restored or that the Member State withdraws its request for suspension.
Amendment 163 #
2022/0089(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. If the application has been invalidated by a final decision taken by a national court, the competent authority of the Member State shall consider appropriate action such as withdrawal or modification of the Union application for registration, as necessary.
Amendment 165 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Within 3 months from the date of publication in the Official Journal of the European Unpublication of the single document and the reference to the product specification pursuant to Article 17(4), in the Union register of geographical indication the authorities of a Member State or of a third country, or a natural or legal person having a legitimate interest, established or resident in a third country, may lodge an opposition or a notice of comment with the Commissionwith the EUIPO.
Amendment 167 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Any natural or legal person having a legitimate interest, established or resident in a Member State other than the one from which the Union application for registration was submitted, may lodge an opposition with the Member State, in which it is established or resident, within a time limit permitting an opposition or notice of comments to be lodged pursuant to paragraph (1).
Amendment 170 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The CommissionEUIPO shall check the admissibility of the opposition. If the CommissionEUIPO considers that the opposition is admissible, it shall, within 5 months from the date of publication in the Official Journal of the European Un30 days after the receipt of that opposition, invite the authority or the person that lodged the opposition and the authority or the applicant producer group that lodged the application to engage in appropriate consultations for a reasonable period that shall not exceed 3 months. At any time during that period, the CommissionEUIPO may, at the request of the authority or the applicant producer group, extend the deadline for the consultations by a maximum of 3 months. The EUIPO shall offer mediation for the consultations between the applicant and the Union opponent pursuant to Article 170 of Regulation (EU) 2017(1001).
Amendment 175 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Within 1 month from the end of the consultations referred to in paragraph (4), the applicant producer group established in the third country or the competent authoritiesy of the Member State or of the third country from which the Union application for registration was lodged shall notify the CommissionEUIPO of the result of the consultations, including all the information exchanged, whether agreement was reached with one or all of the opponents, and of any consequent changes to the application for registration. The authority or person that lodged an opposition to the CommissionEUIPO may also notify the CommissionEUIPO of its position at the end of the consultations.
Amendment 177 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 9
Article 19 – paragraph 9
Amendment 181 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
Amendment 191 #
2022/0089(COD)
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. An opposition lodged in accordance with Article 19 shall be admissible only if the opponent demonstrates that: it contains a declaration that the application could infringe the conditions laid down in paragraph 2 of this Article and give justification in a reasoned statement of opposition. An opposition that does not contain the reasoned statement of opposition shall be void and therefore rejected. 2. An opposition shall be based on one or more of the following grounds for opposition:
Amendment 192 #
2022/0089(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) the proposed geographical indication does not comply with the definition of the geographical indication or with the requirements referred to in this Regulation, Regulation (EU) No 1308/2013 or Regulation (EU) 2019/787 as the case may be; or
Amendment 194 #
2022/0089(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) the registration of the proposed geographical indication would jeopardise the existencbe detrimental to the use of, an identirely or partly identical name or of acal or similar name or of a registered or unregistered trade mark or the existencuse of products which have been legally on the market for at least 5 years preceding the date of the publication provided for in Article 17(4) .
Amendment 196 #
2022/0089(COD)
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 a Notice of comments procedure 1. In order to correct inaccuracies in an ongoing registration procedure for a geographical indication, a competent authority of a Member State or of a third country, or a natural or legal person having a legitimate interest and established or resident in a third country or in another Member State may lodge a notice of comment with the EUIPO within three months of the date of publication of the single document and the product specification reference in the Union register. 2. The notice of comment referred to in paragraph 1 shall not be based on the grounds for opposition referred to in Article 20. The competent authority or person that lodges a notice of comment shall not be considered to be a party to the procedure. 3. The EUIPO shall share the notice of comment with the applicant and shall take the notice of comment into consideration when deciding on the application of the registration, unless it is unclear or obviously incorrect. 4. In order to facilitate the management of the notice of comment procedure, the Commission may adopt implementing acts laying down rules on the submission of such notice of comments and specifying their format and online presentation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53 (2).
Amendment 201 #
2022/0089(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
Amendment 202 #
2022/0089(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. After completion of the opposition procedure, the EUIPO shall finalise its examination, taking into account any provisional periods, the outcome of any opposition procedure, any notice of comments received and any other matters that come to light in the course of the examination that may give rise to a change in the single document. Where, on the basis of the information available to the Commission from the scrutinyEUIPO from the examination carried out pursuant to Article 17, the CommissionEUIPO considers that any of the requirements referred thereino in that Article is not fulfilled, it shall adopt implementing actsa decision rejecting the application for registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).
Amendment 204 #
2022/0089(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where ithe application meets the requirements laid down in Article 15 and the EUIPO receives no admissible and grounded opposition, the CommissionEUIPO shall adopt implementing acts, without applying the procedure referred to in Article 53(2),a decision registering the geographical indication. The CommissionEUIPO may take in to account the notices of comments received in accordance with Article 19(1).20a new
Amendment 205 #
2022/0089(COD)
Proposal for a regulation
Article 22 – paragraph 3 – introductory part
Article 22 – paragraph 3 – introductory part
3. Where it receives an admissible opposition, the CommissionEUIPO shall, following the consultations referred to in Article 19(4) and taking into account the results thereof,
Amendment 206 #
2022/0089(COD)
Proposal for a regulation
Article 22 – paragraph 3 – point a
Article 22 – paragraph 3 – point a
(a) adopt implementing act registering the geographical indication without applying the procedure referred to in Article 53(2), if an agreement has been reached, after checking that the agreement complies with Union law, and, if necessary, amend the information published pursuant to Article 17(4) provided that such amendments are not substantial; or
Amendment 207 #
2022/0089(COD)
Proposal for a regulation
Article 22 – paragraph 3 – point b
Article 22 – paragraph 3 – point b
(b) adopt implementing acts decidif no agreement has been reached following on the application for registrconsultations, if an agreement has not been reached. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2)the EUIPO shall examine if the opposition is grounded. On the basis of that examination, the EUIPO shall decide on the registration.
Amendment 209 #
2022/0089(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Commission shall adopt implementing acts, without applying the procedure referred to in Article 53(2), containing provisions on establishingEUIPO shall develop, keep and maintaining a publicly and easily accessible electronic register of geographical indications protected under this Regulation (the ‘Union register of geographical indications’). The register shall have three parts corresponding to geographical indications of wine, of spirit drinks and of agricultural products respectively.
Amendment 214 #
2022/0089(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. The Commission shall make public and regularlyin case of changes update the list of the international agreements referred to in paragraph (3) as well as the list of geographical indications protected under those agreements.
Amendment 217 #
2022/0089(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. The CommissionEUIPO shall retain documentation related to the registration of a geographical indication in digital or paper form for the period of validity of the geographical indication, and in case of cancellation for 10 years thereafter.
Amendment 221 #
2022/0089(COD)
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
Amendment 225 #
2022/0089(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Any person shall be able to easily download an official extract from the Union register of geographical indications that provides proof of registration of the geographical indication, and the relevant data including the date of application for the registration of the geographical indication or other priority date. This official extract may be used as an authentic certificate in legal proceedings, in a court of law, court of arbitration or similar body.
Amendment 236 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. An amendment shall be considered a Union amendment if it entails a changeconcerns a revision of the single document and if any of the following conditions are met:
Amendment 238 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point a
Article 25 – paragraph 3 – point a
(a) the amendment includes a change in the name, or in the use of the name, or, for wine and spirit drinks, in the category of product or products designated by the geographical indication, or, for spirit drinks, in the legal name; or
Amendment 239 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point b
Article 25 – paragraph 3 – point b
(b) the amendment risks voiding the link to the geographical area referred to in the single document; or
Amendment 240 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c
Article 25 – paragraph 3 – point c
(c) the amendment entails further restrictions on the marketing of the product.
Amendment 241 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3 a. Union amendments shall be approved by the EUIPO. The approval procedure shall follow, mutatis mutandis, the procedure laid down from Article 8 to Article 22.
Amendment 246 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
Amendment 251 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. Applications for Union amendments submitted by a third country or by producers established in a third country shall contain proof that the requested amendment complies with the laws on the protection of geographical indications in force in that third country.
Amendment 254 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. If an application for a Union amendment to the product specification of a registered geographical indication also includes standard amendments or temporary amendments, the Commission shall scrutinisEUIPO shall examine the Union amendment only. Any standard amendments or temporary amendments shall be deemed as not having been submitted. The scrutinyexamination of such applications shall focus on the proposed Union amendments. Where appropriate, the Commission or the Member State concerned or EUIPO may invite the applicant to modify other elements of the product specifications.
Amendment 258 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 9
Article 25 – paragraph 9
9. Standard amendments shall be approved by Member States or third countries in whose territory the geographical area of the product concerned is located and communicated to the Commission. The CommissionEUIPO. The EUIPO shall make those amendments public.
Amendment 264 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 268 #
2022/0089(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. The CommissionEUIPO may, on its own initiative or on a duly substantiated request by a Member State, a third country or any natural or legal person having a legitimate interest, adopt implementing actsdecide to cancel the registration of a geographical indication in the following cases:
Amendment 269 #
2022/0089(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) where no product has been placed on the market under the geographical indication for at least sefiven consecutive years.
Amendment 272 #
2022/0089(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 274 #
2022/0089(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 275 #
2022/0089(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Before adopting the implementing acts referred to in paragraphs 1 and 2, the Commissiondeciding to cancel the registration of the geographical indication, the EUIPO shall consult the authorities of the Member State, the authorities of the third country or, where possible, the third country producer which had originally applied for the registration of the geographical indication concerned, unless the cancellation is directly requested by those original applicants.
Amendment 281 #
2022/0089(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 287 #
2022/0089(COD)
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26 a Decision by the Commission 1. Concerning applications for registration referred to in Articles 17, 18, 19, 20, 20a (new), 22, 25, 26, 46 the Commission may take over from the EUIPO, at any time before the end of the procedure, on its own initiative, on the initiative of a Member State or the EUIPO, the power to decide on the application for registration of the proposed geographical indication where such decision may jeopardise the public interest or the Union’s trade or external relations. This paragraph shall apply mutatis mutandis to the cancellation and the amendment of the product specification. 2. In situations referred to in paragraph 1 of this Article, the Commission shall adopt implementing acts on the protection of the geographical indication. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2) and shall be published in the Official Journal of the European Union and in the Union register of geographical indications for craft and industrial products. 3. The EUIPO shall ensure that the Commission has access to the documents concerning the applications for registration, any amendment of the product specification and cancellation through the digital system referred to in Article 18(1) and Article 26(1).
Amendment 308 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. The recognised group of producers or any operatoproducer that is entitled to use the protected designation of origin or protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are in breach of paragraph (1).
Amendment 324 #
2022/0089(COD)
Proposal for a regulation
Article 31 – title
Article 31 – title
Amendment 325 #
2022/0089(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
Amendment 356 #
2022/0089(COD)
Proposal for a regulation
Article 35
Article 35
Amendment 371 #
2022/0089(COD)
Proposal for a regulation
Article 38 – paragraph 2 – point b
Article 38 – paragraph 2 – point b
(b) monitoring of the use of geographical indications in the marketpla, including in electronic commerce.
Amendment 378 #
2022/0089(COD)
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. The costs of verification of compliance with the product specification may be borne by the operators which are subject to those controls. The Member States mayshall also contribute to those costs.
Amendment 379 #
2022/0089(COD)
Proposal for a regulation
Article 42 – title
Article 42 – title
Controls and enforcement of geographical indications in the marketplace
Amendment 381 #
2022/0089(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The enforcement authority shall regularly carry out controls of products designated by geographical ind, based on a risk analysis and on notifications, to ensure conformity with the product specification or the single document or an equivalent to the latter.
Amendment 385 #
2022/0089(COD)
Proposal for a regulation
Article 42 a (new)
Article 42 a (new)
Article 42 a Self-declaration certification procedure 1. Without prejudice to Article 39, Member States shall allow a self- declaration for the verification of compliance with the product specification. The producer shall submit such self- declaration to the competent authorities referred to in Article 42 (1). 2. Member States shall allow producers to submit a self-declaration once every 3 years to the competent authorities to ensure their continuous conformity with the product specification in the market. Where the product specification is amended or changed in a way that affects the concerned product, the self- declaration shall be renewed immediately. 3. Where self-declarations are used competent authorities shall carry out random controls. In the event of breaches, Member States shall take all necessary measures to remedy the situation. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 66, amending this Regulation and introducing, where relevant, modifications to the information and requirements specified in Annex 1.
Amendment 387 #
2022/0089(COD)
Proposal for a regulation
Article 46 – title
Article 46 – title
Amendment 394 #
2022/0089(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting the EUIPO with the scrutiny ofexamination and other administrative tasks concerning third country geographical indications, other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for protection pursuant to international negotiations or international agreements.
Amendment 399 #
2022/0089(COD)
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
1. Where tThe Commission exercises any of the empowerments provided for in this Regulation to entrust tasks to EUIPO, it shall alsoshall be empowered to adopt delegated acts in accordance with Article 84 to supplement this Regulation by criteria for monitoring performance in the execution of suchthe tasks entrusted to the EUIPO. Such criteria may include:
Amendment 413 #
2022/0089(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. No later than 5 years after the first delegation of any tasks to EUIPOentry into force of this Regulation, the Commission shall prepare and submit a report to the European Parliament and to the Council on the results and experience of the exercise of these tasks by EUIPO.
Amendment 56 #
2022/0066(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Due to their vulnerability, children who witness violence against women or domestic violence suffer a direct emotional harm, which impacts their development. Therefore, such children should be considered victims and benefit from targeted protection measur. Such “Witnessed violence”, i.e. experiencing any form of ill-treatment, carried out through acts of physical, verbal, psychological, sexual and economic violence against reference figures or other affectively significant figures, has very serious consequences on the psychological and emotional development of the child, and can generate traumas that are sometimes permanent on the ability to interact socially during childhood and adulthood. Therefore, such children should be considered victims and benefit from targeted protection measures. It is essential to give due attention to this type of violence in separations and parental custody arrangements, taking into account the best interest of the child, in particular in order to determine custody and visitation rights in separation cases.
Amendment 79 #
2022/0066(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In order to tackle underreporting in the cases when the victim is a child, safe and child-friendly reporting procedures should be established. This can include questioning by competent authorities in simple and accessible language. Participation in court proceedings should take place in a comfortable environment so as not to cause additional trauma or stress for the child and to minimise the psychological and emotional impact of such circumstances, and be appropriate for the age, maturity and language skills of the child in terms of language and content.
Amendment 84 #
2022/0066(COD)
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27 a) In many cases the close connection between criminal, civil and other legal proceedings need to be recognized in order to coordinate the judicial and other legal responses to child and intimate partner violence. Member States should adopt measures to link criminal and civil cases involving an individual family and children in order ot effectively prevent any discrepancies between judicial and other legal decisions that are harmful to children. The best interests of the child should always be the primary consideration in all decisions concerning children.
Amendment 96 #
2022/0066(COD)
Proposal for a directive
Recital 53
Recital 53
(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situation and the well-being of their children, ultimately preparing victims for an autonomous life. Member States should guarantee support for women and their children who are victims of violence by means of community, educational and financial support, in order to ensure these women have the necessary means to care for their children. Victims of violence should have access to psychological support and counselling at every stage of their legal procedures.
Amendment 97 #
2022/0066(COD)
Proposal for a directive
Recital 54
Recital 54
(54) Growing up in a violent domestic environment has very negative implications for the child’s physical, emotional and social development and subsequent behaviour as an adult. Exposure to violence as a child, either through experiencing maltreatment and/or witnessing partner violence, constitutes a risk factor for becoming vulnerable to victimisation, committing violence as an adult or experiencing behavioural, physical or mental health problems. To effectively address negative consequences for child victims, support measures to children should include age- appropriate psychological counselling, together with paediatric care where necessary, and be provided as soon as competent authorities have reasonable grounds to believe that children might have been victims, including child witnesses of violence. In the provision of support to child victims, the rights of the child, as laid down in Article 24 of the Charter, should be a primary consideration. Cooperation between competent authorities and venues the child visits frequently, such as school, should be ensured, both to support the child and provide due support for other children and parents.
Amendment 107 #
2022/0066(COD)
Proposal for a directive
Recital 60
Recital 60
(60) In order to ensure victims of violence against women and domestic violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims receiveof violence, child abuse and, in general, all forms of violence and its mechanisms, including manipulation, psychological violence and coercive control, receive mandatory specific and continuous training and targeted information. Trainings should cover the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims, and should therefore be intended for the judiciary, law enforcement officers, specialised legal practitioners, forensic medical personnel, healthcare professionals, including gynaecologists and obstetricians, social workers, teachers and child carers, as well as public servants working in these fields. The training should be conducted by primarily focusing on the needs and concerns of victims as a priority. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions should also receive training. These trainings should also cover assessments regarding sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
Amendment 127 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) “victim” means any person, regardless of sex or, gender, or age, unless specified otherwise, who has suffered harm, which was directly caused by acts of violence covered under this Directive, including child witnesses of such violence;
Amendment 132 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point j a (new)
Article 4 – paragraph 1 – point j a (new)
(ja) "witnessed violence" means the experience by a child of one of the forms of abuse through acts of violence referred to in points (a) and (b) against reference figures or other figures of significance in the household;
Amendment 162 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services. Professionals dealing with such cases should be trained in a targeted way to be able to approach all forms of violence and its mechanisms, focusing on the needs and concerns of victims as a priority.
Amendment 164 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. This individual assessment shall be initiated upon the first contact of the victim with the competent authorities also in order to ensure the safety and protection of victims. The competent judicial authorities shall verify at the latest at the initiation of criminal proceedings whether an assessment has been conducted. If this has not been the case, they shall remedy the situation by undertaking an assessment as soon as possible.
Amendment 166 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, the risk of bodily harm, the use of weapons, the offender or suspect living with the victimlikelihood of the victim returning to the offender or suspect, the degree of control exercised by the offender or suspect on the victim and its potential effect on the evidence, the risk of bodily harm, the use of weapons, the offender or suspect living with the victim, the involvement of children, the economic dependence of the victim on the offender or suspect, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues or behaviour of stalking.
Amendment 168 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The individual assessment shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as victim protection centres and women’s and children’s specialised services, shelters, social services and healthcare professionals. Psychophysical support must be provided to the victim, particularly during and after questioning procedures, taking into account the emotional tensions associated with the circumstances, and designed to prevent risk factors which could lead to further violent offences.
Amendment 181 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point c a (new)
Article 23 – paragraph 1 – point c a (new)
(ca) how to adopt the best measures for a child who witnessed violence;
Amendment 183 #
2022/0066(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point b
Article 24 – paragraph 1 – subparagraph 1 – point b
(b) publish independent reports and make recommendations on any issue relating to such forms of violence, including identifying existing best practices;
Amendment 192 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) referrals to medical and psychological expertise, and medical forensic examinations;
Amendment 193 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point b a (new)
Article 27 – paragraph 1 – point b a (new)
(ba) the additional specific support needed when a child witnessed the violence;
Amendment 195 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Member States shall ensure sufficient human and financial resources to provide the services referred to in paragraph 1, especially those referred to in point (b) and (c) of that paragraph, including where such services are provided by non- governmental organisations.
Amendment 201 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence. These centres should have adequate human and financial resources and shall provide for medical and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.
Amendment 206 #
2022/0066(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide advice for victims of violence against women and domestic violence. Such helplines should be able to direct the victim to the necessary medical, legal, and security services. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications.
Amendment 211 #
2022/0066(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Member States shall take appropriate measures to ensure the accessibility of services referred to in paragraph 1 for children and end-users with disabilities, including providing support in easy to understand language. Those services shall be accessible in line with the accessibility requirements for electronic communications services set in Annex I to Directive 2019/882/EU of the European Parliament and of the Council52 . _________________ 52 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services, OJ L 151, 7.6.2019, p. 70–115.
Amendment 217 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living. Shelters should be able to direct victims to all necessary services, such as medical or legal assistance.
Amendment 225 #
2022/0066(COD)
Proposal for a directive
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Child victims, including victims of witnessed violence, shall be provided with age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of domestic violence.
Amendment 229 #
2022/0066(COD)
Proposal for a directive
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3 a. Member States should ensure that the best interests of the child are always the primary consideration in all decisions concerning children, in particular in order to determine custody and visitation rights in separation cases concerning violence.
Amendment 232 #
2022/0066(COD)
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of violence against women or domestic violence, to the extent that the latter has rights of access, this right of access may be curtailed or adapted in the best interests of the child. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child.
Amendment 241 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Preventive measures shall include awareness-raising campaigns targeting all ages, research and education programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.
Amendment 249 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive. Preventive measures shall also aim at remove, as far as possible, any economic barriers that might induce a woman not to report the violence she has suffered.
Amendment 255 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, child and healthcare professionals, social serviceforensic doctors, social services, as well as volunteer workers, civil society organisations working with and for children and victims, educational and other relevant staff, receive both general and specialist training which is mandatory and continuous and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or all forms of domestic violence and its mechanisms, including manipulation, psychological violence and coercive control, and to treat victims in a trauma-, gender- and child- sensitive manner.
Amendment 20 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) EWell-established existing international standards on responsible business conduct like the United Nations Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises, and the OECD Due Diligence Guidance for Responsible Business Conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and value chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. These guidelines should be the basis for this Directive. __________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
Amendment 23 #
2022/0051(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The concept of human rights due diligence was specified and further developed in the OECD Guidelines for Multinational Enterprises80 which extended the application of due diligence to environmental and governance topics. The OECD Guidance on Responsible Business Conduct and sectoral guidance81 are internationally recognised frameworks setting out practical due diligence steps to help companies identify, prevent, mitigate and account for how they address actual and potential impacts in their operations, valuesupply chains and other business relationships. The concept of due diligence is also embedded in the recommendations of the International Labour Organisation (ILO) Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy.82direct business relationships. __________________ 80 OECD Guidelines for Multinational Enterprises, 2011 updated edition, available at http://mneguidelines.oecd.org/guidelines/.h ttps://mneguidelines.oecd.org/mneguidelin es/ 81 OECD Guidance on Responsible Business Conduct, 2018, and sector- specific guidance, available at https://www.oecd.org/investment/due- diligence-guidance-for-responsible- business-conduct.htm. 82 The International Labour Organisation’s “Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, Fifth Edition, 2017, available at: https://www.ilo.org/empent/Publications/ WCMS_094386/lang--en/index.htm.
Amendment 24 #
2022/0051(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 25 #
2022/0051(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 26 #
2022/0051(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 27 #
2022/0051(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 28 #
2022/0051(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The European Parliament, in its resolution of 10 March 2021 calls upon the Commission to propose Union rules for a comprehensive corporate due diligence obligation100. The Council Conclusions on Human Rights and Decent Work in Global Supply Chains of 1 December 2020 called upon the Commission to table a proposal for a Union legal framework on sustainable corporate governance, including cross- sector corporate due diligence obligations along global supply chains.101 The European Parliament also calls for clarifying directors` duties in its own initiative report adopted on 2 December 2020 on sustainable corporate governance. In their Joint Declaration on EU Legislative Priorities for 2022102 , the European Parliament, the Council of the European Union and the Commission have committed, to deliver on an economy that works for people, and to improve the regulatory framework on sustainable corporate governance. __________________ 100 European Parliament resolution of 10 March 2021 with recommendations to the Commission on corporate due diligence and corporate accountability (2020/2129(INL)), P9_TA(2021)0073, available at https://oeil.secure.europarl.europa.eu/oeil/p opups/ficheprocedure.do?lang=en&referen ce=2020/2129(INL). 101 Council Conclusions on Human Rights and Decent Work in Global Supply Chains, 1 December 2020 (13512/20). 102 Joint declaration of the European Parliament, the Council of the European Union and the European Commission on EU Legislative Priorities for 2022, available at https://ec.europa.eu/info/sites/default/files /joint_declaration_2022.pdf.
Amendment 31 #
2022/0051(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and value chains.supply chains. (This amendment applies throughout the text and is related to the amendment of the definition in Article 3(1), point (g). Adopting it will necessitate corresponding changes throughout.)
Amendment 32 #
2022/0051(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) In line with relevant Union and national law, all companies in the Union need to adhere to the protection of human rights and environmental standards. If that is not the case, Member States and their relevant authorities are required to enforce the legislation. Thus, there is no need for companies within the Union to control each other’s conduct. The goal of due diligence is to tackle risks in cases where human rights and environmental standards are not or cannot be enforced. Therefore, tracing activities in the upstream supply chain shall be focused on direct business relationships outside of the European Union.
Amendment 33 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps within their means to set up and carry out risk-based due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships with entities from third countries throughout their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. While companies can be asked to prevent or mitigate adverse impacts through due diligence policies, it is still in the responsibility of states to actually combat human rights violations worldwide. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificitiesThe measures should be proportionate and commensurate to the likelihood and severity of the company’'s value chain, sector or geographical area in which its value chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influencpotential or actual adverse impacts and its specific circumstances, particularly its sector of activity, the size and length of its supply chain, the size of the company, its capacity, resources and leverage.
Amendment 37 #
2022/0051(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 39 #
2022/0051(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Companies should be allowed to set up a prioritisation strategy based on a risk assessment and a risk-based monitoring methodology for identifying potential adverse impacts. Companies should consider the level of severity, likelihood and urgency of the different adverse impacts, the nature and context of their operations, including geography, the scope of the risks, their scale and how irremediable they might be, and if necessary, use the prioritisation policy in dealing with them.
Amendment 41 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The valuesupply chain should cover activities related todirectly necessary for the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of establisheddirect business relationships of the company. It should encompass direct upstream established direct and indirect business relationshipsbusiness relationships with direct business partners from a third country that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are directly necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 45 #
2022/0051(COD)
Proposal for a directive
Recital 19
Recital 19
(19) As regards regulated financial undertakings providing loan, credit, or other financial services, “value chain” with respect to the provision of such services should be limited to the activities of the clients receiving such services, and the subsidiaries thereof whose activities are linked to the contract in question. Clients that are households and natural persons not acting in a professional or business capacity, as well as small and medium sized undertakings, should not be considethe financial services industry is already subject to several provisions and obligations under existing legislation such as the Sustainable Finance Disclosure Regulation (SFDR) or the Capital Requirements Directive (CRD), the risk of overlap, lack of clarity and undue burden is evident. Furthermored to be part of the value chain. The activities of the companies or other legal entities that are included in the value chain of that client should not be coveredhe risk of limited financing to the European economy should not be underestimated. A possible future inclusion should therefore be preceded by a proper impact assessment.
Amendment 50 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify and prioritise the adverse impacts in their value chainsupply chain based on a risk assessment and risk-based monitoring and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to establisheddirect business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect businesscontractual relationships which are, or which are expected to be lasting, in view of ith a contractor, subcontractor or any otheir intlegal enstity and duration and which do not represenies from a third country that are negligible or ancillary partcessary for the supply of goods ofr the value chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that companyprovision of services that are necessary for the production of the companies' product or the provision of and use of the relevant service, with whom the company has a commercial agreement, and that does not represent a negligible or merely ancillary part of the supply chain.
Amendment 51 #
2022/0051(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) In order to offset of the regulatory burdens for citizens, administrations and businesses introduced by this Directive, the Commission should, in the framework of its annual burden survey conducted pursuant to paragraph 48 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, review the regulatory framework for the affected sectors and companies in line with the “one in, one out” principle, as set out in the Commission communication of 29 April 2021 entitled “Better Regulation: Joining forces to make better laws”, and, where appropriate, present legislative proposals for the amendment or deletion of provisions in other Union legislative acts that generate compliance costs in those sectors and for those companies.
Amendment 55 #
2022/0051(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Under this Directive, EU companies with more than 5000 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards cCompanies which do not fulfil those criteria, but which had more than 253000 employees on average and more than EUR 450 million worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high- impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. __________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
Amendment 56 #
2022/0051(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order to reflect the priority areas of international action aimed at tackling human rights and environmental issues, the selection of high-impact sectors for the purposes of this Directive should be based on existing sectoral OECD due diligence guidance. The following sectors should be regarded as high-impact for the purposes of this Directive: the manufacture of textiles, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear; agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; the extraction of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). As regards the financial sector, due to its specificities, in particular as regards the value chain and the services offered, even if it is covered by sector-specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this sector, the broader coverage of actual and potential adverse impacts should be ensured by also including very large companies in the scope that are regulated financial undertakings, even if they do not have a legal form with limited liability.
Amendment 58 #
2022/0051(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to achieve fully the objectives of this Directive addressing human rights and adverse environmental impacts with respect to companies’ operations, subsidiaries and valuesupply chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net worldwide turnover of at least EUR 150 million in the Union in the financial year preceding the last financial year of which at least EUR 50 million was generated in the Union or a net turnover of more than EUR 40 million but less than EUR 150 million of which at least EUR 50 million was generated in the Union in the financial year preceding the last financial year in one or more of the high- impact sectors, as of 2 years after the end of the transposition period of this Directive. This Directive should also apply to those companies which do not meet the criteria mentioned above if that company is part of a group of companies whose parent company is registered in a third country and which has more than 5000 employees on average or had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepared. A group of companies refers to a parent company and all its subsidiaries.
Amendment 62 #
2022/0051(COD)
Proposal for a directive
Recital 24
Recital 24
(24) For defining the scope of application in relation to non-EU companies the described turnover criterion should be chosen as it creates a territorial connection between the third-country companies and the Union territory. Turnover is a proxy for the effects that the activities of those companies could have on the internal market. In accordance with international law, such effects justify the application of Union law to third-country companies. To ensure identification of the relevant turnover of companies concerned, the methods for calculating net turnover for non-EU companies as laid down in Directive (EU) 2013/34 as amended by Directive (EU) 2021/2101 should be used. To ensure effective enforcement of this Directive, an employee threshold should, in turn, not be applied also be applied as a benchmark to determine which third-country companies fall under this Directive, as to create a level- playing field, while taking into account that the notion of “employees” retained for the purposes of this Directive is based on Union law and could not be easily transposed outside of the Union. In the absence of a clear and consistent methodology, including in accounting frameworks, to determine the employees of third-country companies, such employee threshold would therefore create legal uncertainty and would be difficult to apply for supervisory authorities. The definition of turnover should be based on Directive 2013/34/EU which has already established the methods for calculating net turnover for non-Union companies, as turnover and revenue definitions are similar in international accounting frameworks too. With a view to ensuring that the supervisory authority knows which third country companies generate the required turnover in the Union to fall under the scope of this Directive, this Directive should require that a supervisory authority in the Member State where the third country company’s authorised representative is domiciled or established and, where it is different, a supervisory authority in the Member State in which the company generated most of its net turnover in the Union in the financial year preceding the last financial year are informed that the company is a company falling under the scope of this Directive.
Amendment 63 #
2022/0051(COD)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) Companies that are part of a group, including subsidies and parent companies, may not always have the same supply chain. However, it may be that due diligence processes and actions are conducted at the level of the group. In this regard, subsidiaries and companies which are part of the same group may refer to the responsibilities pursuant to the obligations of this directive taken on by their parent company or other group members.
Amendment 64 #
2022/0051(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In order to achieve a meaningful contribution to the sustainability transition, due diligence under this Directive should be carried out with respect to adverse human rights impact on protected persons resulting from the violation of one of the rights and prohibitions as enshrine and, at the same time, to limit the regulatory and fin the international conventions as listed in the Annex toancial burden for companies under the scope of thise Directive. In order to ensure a comprehensive coverage of human rights, a violation of a prohibition or right not specifically listed in that Annex which directly impairs a legal interest protected in those conventions should also form part of the adverse human rights impact covered by this Directive, provided that the company concerned could have reasonably established the risk of such impairment and any appropriate measures to be taken in order to comply with the due diligence obligations under this Directive, taking into account all relevant circumstances of their operations, such as the sector and operational context., due diligence under this Directive should be carried out with respect to adverse human rights impact and adverse environmental impacts resulting from the violation of one of the principles set out in the OECD Due dDiligence should further encompass adverse environmental impacts resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex to this DirectiveGuidance for Responsible Business Conduct, the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights as regards the environment or human rights.
Amendment 69 #
2022/0051(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Companies should have guidance at their disposal that illustrates how their activities may impact human rights and which corporate behaviour is prohibited in accordance with internationally recognised human rights. Such guidance is included for instance in The United Nations Guiding Principles Reporting Framework104 and the United Nations Guiding Principles Interpretative Guide105 and should be made easily accessible to companies. Using relevant international guidelines and standards as a reference, the Commission should be able to issue additional guidance that will serve as a practical tool for companies. __________________ 104 https://www.ungpreporting.org/wp- content/uploads/UNGPReportingFramewor k_withguidance2017.pdf. 105 https://www.ohchr.org/Documents/Issues/ Business/RtRInterpretativeGuide.pdf.https: //www.ohchr.org/Documents/Issues/Busine ss/RtRInterpretativeGuide.pdf.
Amendment 71 #
2022/0051(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In order to conduct appropriate human rights, and environmental due diligence with respect to their operations, their subsidiaries, and their value chains, companies covered by this Directive should integrate due diligence into corporate policies, identify, prevent and mitigate as well as bring to an end and minimise the extent of potential and actual adverse human rights and environmental impacts, establish and maintain a complaintsnotification procedure, monitor the effectiveness of the taken measures in accordance with the requirements that are set up in this Directive and communicate publicly on their due diligence. In order to ensure clarity for companies, in particular the steps of preventing and mitigating potential adverse impacts and of bringing to an end, or when this is not possible, minimising actual adverse impacts should be clearly distinguished in this Directive.
Amendment 73 #
2022/0051(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to ensure that due diligence forms part of companies’ corporate policies, and in line with the relevant international framework, companies should integrate due diligence into all their corporate policies where necessary and have in place a risk-based due diligence policy. The risk- based due diligence policy should contain a description of the company’s approach, including in the long term, to due diligence, a code of conduct describing the rules and principles to be followed by the company’s employees and subsidiaries; a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships. The code of conduct should apply in all relevant corporate functions and operations, including procurement and purchasing decisions. Companies should also update their due diligence policy annuallyregularly update and publish their due diligence policy, taking a risk-based approach in accordance with the OECD Due Diligence Guidance for Responsible Business Conduct, the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights, but at least every five years.
Amendment 76 #
2022/0051(COD)
Proposal for a directive
Recital 29
Recital 29
(29) To comply with due diligence obligations, companies need to take appropriate measures with respect to identification, prevention and bringing to an end adverse impacts. An ‘appropriate measure’ should mean a measure that is capable of achieving the objectives of due diligence, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of action. In this context, in line with international frameworks, the company’s influence over a business relationship should include, on the one hand its ability to persuade the business relationship to take action to bring to an end or prevent adverse impacts (for example through ownership or factual control, market power, pre-qualification requirements, linking business incentives to human rights and environmental performance, etc.) and, on the other hand, the degree of influence or leverage that the company could reasonably exercise, for example through cooperation with the business partner in question or engagement with another company which is the direct business partner of the business relationship associated with adverse impact. Severity means the scale, scope and irremediably character of the adverse impact, taking into account the gravity of the impact on the rights holder, the number of individuals that could be affected and the possibility of occurrence
Amendment 77 #
2022/0051(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential adverse human rights and environmental impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on quantitative and qualitative information. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in value chains. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in response to or anticipation of changes in the operating environment; and periodically, at least every 12 months, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services should identify the adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procurement and pricing practices. Where the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstances.
Amendment 80 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention and mitigation measures, companies should develop and implement a prevention or mitigation action plan. Companies are encouraged to develop their action plans in cooperation with sectoral initiatives and industry schemes. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established direct business relationship outside of the European Union that it will ensure compliance with the code of conduct or the prevention or mitigation action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ valuesupply chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts, provide targeted and proportionate support for an SME with which they have an established direct business relationship such as financing, for example, through direct financing, low- interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 86 #
2022/0051(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the valuesupply chain, instead of terminating the business relationship, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success, taking into consideration the best interest of those affected by the adverse impact and taking into account potential supply chain disruptions. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligationpossibility for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts and if these measures would be in the best interest of the potential victims. Companies should not be required to refrain from entering into new or extending existing relations with the direct business partner or temporarily suspend the commercial relationship or terminate the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adv where there is a reasonable expectation that the termination would result in an adverse impact that is more severe than the potential adverse impact that could not be prevented or adequately mitigated or wherse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competitionno available alternative to that business relationship, that provides a product or service essential to the company’s production of goods or provision of services, exists. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws.
Amendment 88 #
2022/0051(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. CompaniMember States cshould assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States toshould facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, mayshould issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 94 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions within their means, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvementindicators for monitoring. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an established direct business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chaior mitigation action plan. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, companies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an established direct business relationship and collaborate with other entities, including through multi-stakeholder initiatives, where relevant, to increase the company’s ability to bring the adverse impact to an end.
Amendment 98 #
2022/0051(COD)
Proposal for a directive
Recital 41
Recital 41
(41) In order to ensure that bringing actual adverse impacts to an end or minimising them is effective, companies should prioritize engagement with business relationships in the valuesupply chain, instead of terminating the business relationship, as a last resort action after attempting at bringing actual adverse impacts to an end or minimising them without success, taking into consideration the best interest of those affected by the adverse impact and taking into account potential supply chain disruptions. However, this Directive should also, for cases where actual adverse impacts could not be brought to an end or adequately mitigated by the described measures, refer to the obligationpossibility for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing efforts to bring to an end or minimise the extent of the adverse impact, or terminate the business relationship with respect to the activities concerned, if the adverse impact is considered severe and if these measures would be in the best interest of the potential victims. Companies should not be required to refrain from entering into new or extending existing relations with the direct business partner or temporarily suspend the commercial relationship or terminate the business relationship where there is a reasonable expectation that the termination would result in an adverse impact that is more severe than the potential adverse impact that could not be prevented or adequately mitigated or where no available alternative to that business relationship, that provides a product or service essential to the company’s production of goods or provision of services, exists. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws.
Amendment 100 #
2022/0051(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaints directly to them in case of legitimate concernsnotify them directly in case they have legitimate information, which must be reasonable documented and factually justified, regarding actual or potential human rights and environmental adverse impacts. Organisations who could submit such complaintsnotify the company should include trade unions and other workers’ representatives representing individuals working in the value chain concerned and civil society organisations active in the areas related to the value chain concernedcompany, its subsidiaries or direct business partners, where they have knowledge about a potential or actual adverse impact. Companies should establish a procedure for dealing with those complainte notifications and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. In accordance with international standards, complaiinformants should be entitled to request from the company appropriate follow-up on the complaint and to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint. This access should not lead to unreasonable solicnotification. This access should not lead to unreasonable solicitations of companies. Companies shall be allowed to deal with notifications as a group, for example within a sectoral initiative, an industry programme or multi-stakeholder initiations of companives.
Amendment 102 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the valuesupply chains of the company, those of their establisheddirect business relationships with third country entities, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in- betweenregularly, for example if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen, but at least every five years.
Amendment 108 #
2022/0051(COD)
Proposal for a directive
Recital 46
Recital 46
(46) In order to provide support and practical tools to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, using relevant international guidelines and standards as a reference, and in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, the European Agency for Small and Medium enterprises and where appropriate with international bodies having expertise in due diligence, should have the possibility to issue guidelines, including for specific sectors or specific adverse impacts. issue guidelines in digital, free of charge and easily accessible format, including for specific sectors or specific adverse impacts, an overview of applicable industry initiatives, and practical guidance on how proportionality and prioritisation, in terms of impacts, sectors and geographical areas. Furthermore, the guidelines should include a list of risk and non-risk areas whether sectoral or geographic such as regions and countries where adverse human rights impacts and/or environmental adverse impacts are unlikely or likely to occur. Companies should not be required to perform due diligence on parts of the supply chain linked to non-risk areas where adverse impacts are unlikely to occur. Countries or regions, where adverse impacts are unlikely to occur, could be the European Economic Area, the United States of America, the United Kingdom, Canada, Australia, New Zealand, and Japan. One criteria for this list should be a free-trade agreement between the European Union and the third country or region. The guidelines should be made available no later than 18 months after the date of entry into force of this Directive. The Commission should regularly review the relevance of its guidelines and adapt them to new best practices. Country factsheets should be updated regularly by the Commission and made publicly available in order to provide up-to-date information on the international Conventions and Treaties ratified by each of the Union’s trading partners. The Commission should collect and publish trade and customs data on origins of raw materials, and intermediate and finished products, and publish information on human rights, environmental and governance potential or actual adverse impacts risks associated with certain countries or regions, sectors and sub-sectors, and products.
Amendment 115 #
2022/0051(COD)
Proposal for a directive
Recital 50
Recital 50
Amendment 117 #
2022/0051(COD)
Proposal for a directive
Recital 51
Recital 51
Amendment 119 #
2022/0051(COD)
Proposal for a directive
Recital 53
Recital 53
(53) In order to ensure the monitoring of the correct implementation of companies’ due diligence obligations and ensure the proper enforcement of this Directive, Member States should designate one or more national supervisory authorities. These supervisory authorities should be of a public nature, independent from the companies falling within the scope of this Directive or other market interests, and free of conflicts of interest. In accordance with national law, Member States should ensure appropriate financing of the competent authority. They should be entitled to carry out investigations, on their own initiative or based on complaints or substantiated concerns raised under this Directive. Where competent authorities under sectoral legislation exist, Member States could identify those as responsible for the application of this Directive in their areas of competence. They could designate authorities for the supervision of regulated financial undertaking also as supervisory authorities for the purposes of this Directive.
Amendment 120 #
2022/0051(COD)
Proposal for a directive
Recital 54
Recital 54
(54) In order to ensure effective enforcement of national measures implementing this Directive, Member States should provide for dissuasive, proportionate and effective sanctions for infringements of those measures. In order for such sanction regime to be effective, administrative sanctions to be imposed by the national supervisory authorities should include pecuniary sanctionsMember States should fully align and harmonize sanctions to allow for a level-playing field. Where the legal system of a Member State does not provide for administrative sanctions as foreseen in this Directive, the rules on administrative sanctions should be applied in such a way that the sanction is initiated by the competent supervisory authority and imposed by the judicial authority. Therefore, it is necessary that those Member States ensure that the application of the rules and sanctions has an equivalent effect to the administrative sanctions imposed by the competent supervisory authorities.
Amendment 121 #
2022/0051(COD)
Proposal for a directive
Recital 56
Recital 56
Amendment 123 #
2022/0051(COD)
Proposal for a directive
Recital 57
Recital 57
Amendment 127 #
2022/0051(COD)
Proposal for a directive
Recital 58
Recital 58
Amendment 128 #
2022/0051(COD)
Proposal for a directive
Recital 59
Recital 59
Amendment 131 #
2022/0051(COD)
Proposal for a directive
Recital 60
Recital 60
Amendment 133 #
2022/0051(COD)
Proposal for a directive
Recital 61
Recital 61
Amendment 134 #
2022/0051(COD)
Proposal for a directive
Recital 62
Recital 62
Amendment 136 #
2022/0051(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 137 #
2022/0051(COD)
Proposal for a directive
Recital 64
Recital 64
Amendment 140 #
2022/0051(COD)
Proposal for a directive
Recital 70
Recital 70
Amendment 142 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts, with respect to their own core business operations, the operations of their subsidiaries, and the valuesupply chain operations carried out by third country entities with whom the company has an established direct business relationship and.
Amendment 145 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point b
Article 1 – paragraph 1 – subparagraph 1 – point b
Amendment 150 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 156 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall be without prejudice to obligations in the areas of human rights, and protection of the environment and climate change under other Union legislative acts. If the provisions of this Directive conflict with a provision of another Union legislative act pursuing the same objectives and providing for more extensive or more specific obligations, the provisions of the other Union legislative act shall prevail to the extent of the conflict and shall apply to those specific obligations.
Amendment 162 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 5000 employees on average and had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepared;
Amendment 168 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 253000 employees on average and had a net worldwide turnover of more than EUR 450 million in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or more of the following sectors:
Amendment 192 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. This Directive shall also apply to a company that does not meet the criteria set out in paragraph 1, points (a) and (b) if that company is part of a group of companies whose parent company is registered in a third country and which has more than 5000 employees on average or had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepared.
Amendment 195 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) generated a net worldwide turnover of more than EUR 150 million in the Union in the financial year preceding the last financial year of which at least 40 million was generated in the Union;
Amendment 200 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) generated a net worldwide turnover of more than EUR 450 million but not more than EUR 150 million of which at least 40 million was generated in the Union in the financial year preceding the last financial year, provided that at least 50% of its net worldwide turnover was generated in one or more of the sectors listed in paragraph 1, point (b).
Amendment 203 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 (new)
Article 2 – paragraph 2 – subparagraph 1 (new)
If the company is a parent company, the criteria of paragraph 1, points (a) and (b), shall be calculated based on the consolidated net turnover of all its controlled subsidiaries.
Amendment 207 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. Companies within the scope of this directive that are part of a group, including subsidies and parent companies, may also commit to take on the responsibilities of other group members pursuant to the obligations set out in this directive, under the obligation to deliver at least an equal commitment to due diligence. These other group members will then be relieved from their responsibilities in this regard.
Amendment 214 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv
Article 3 – paragraph 1 – point a – point iv
Amendment 236 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental impact’ means an adverse impact on the environment resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex, Part II;inciples set out in the OECD Due Diligence Guidance for Responsible Business Conduct and the OECD Guidelines for Multinational Enterprises.
Amendment 240 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘adverse human rights impact’ means an adverse impact on protected persons resulting from the violation of one of the rights or prohibitions listed in the Annex, Part I Section 1, as enshrined in the international conventions listed in the Annex, Part I Section 2principles set out in the OECD Due Diligence Guidance for Responsible Business Conduct, the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights as regards human rights;
Amendment 241 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) 'group of companies' means a parent company and all its subsidiaries;
Amendment 242 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) ‘direct business relationship’ means a relationship with a contractor, subdirect contractual relationship with any other legal entity from a third countractor or any other legal entities (‘partner’)y (‘direct business partner’) for the supply of goods or the provision of services that are necessary for the production of the company’s product or the provision and use of the relevant service
Amendment 244 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Article 3 – paragraph 1 – point e – point i
(i) with whom the company has a commercial agreement or to whom the company provides financing, insurance or reinsurance, or, and
Amendment 245 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Article 3 – paragraph 1 – point e – point ii
Amendment 246 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii a (new)
Article 3 – paragraph 1 – point e – point ii a (new)
(iia) that does not represent a negligible or merely ancillary part of the supply chain
Amendment 249 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 256 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related todirectly necessary for the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of direct upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 260 #
2022/0051(COD)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set out;The European Parliament calls on the European Commission to conduct a new impact assessment, which should assess, for example, the coherence of this proposal with other reporting requirements and the direct and indirect consequences of such reporting and due diligence obligations for companies, in particular its impact on SMEs. The consultations in the European Parliament should be postponed until the new impact assessment has been carried out. Should the European Commission not conduct such a new impact assessment, the European Parliament rejects the Commission proposal.
Amendment 266 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h a (new)
Article 3 – paragraph 1 – point h a (new)
(ha) ‘leverage’ means the ability of a company to effect change in the wrongful practices of the entity that causes or contributes to the adverse impact.
Amendment 269 #
2022/0051(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The behaviour of companies across all sectors of the economy is key to success in the Union’s sustainability objectives as Union companies, especially large ones, rely on global valuesupply chains. It is also in the interest of companies to respect and protect human rights and the environment, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value-oriented transformation already exist on Union77 , as well as national78 level. Further, binding due diligence legislation has been implemented in several Member States such as France and Germany, which gives rise to the need for a level playing field for companies in order to avoid fragmentation and to provide legal certainty for businesses operating in the single market. _________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
Amendment 272 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, employees within its supply chain and other individuals, groups, communities or entities whose rights or interests are or could be affdirectly affected by the potential and actual adverse human rights and environmental impacts connected byto the products, services and operations of that company, its subsidiaries and its direct business relationships;
Amendment 273 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) EWell-established existing international standards on responsible business conduct such as the United Nations Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises clarified in the OECD Due Diligence Guidance for Responsible Business Conduct specify that companies should respect and protect human rights and set out how they should address the protection of the environment across their operations and valuesupply chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. These international standards should be the basis for this Directive. _________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
Amendment 275 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
Amendment 277 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
Amendment 278 #
2022/0051(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The concept of human rights due diligence was specified and further developed in the OECD Guidelines for Multinational Enterprises80 which extended the application of due diligence to environmental and governance topics. The OECD Guidance on Responsible Business Conduct and sectoral guidance81 are internationally recognised frameworks setting out practical due diligence steps to help companies identify, prevent, mitigate and account for how they address actual and potential impacts in their operations, valuesupply chains and other business relationships. The concept of due diligence is also embedded in the recommendations of the International Labour Organisation (ILO) Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy.82, which should form the basis for this Directive. _________________ 80 OECD Guidelines for Multinational Enterprises, 2011 updated edition, available at http://mneguidelines.oecd.org/guidelines/.h ttps://mneguidelines.oecd.org/mneguidelin es/ 81 OECD Guidance on Responsible Business Conduct, 2018, and sector- specific guidance, available at https://www.oecd.org/investment/due- diligence-guidance-for-responsible- business-conduct.htm. 82 The International Labour Organisation’s “Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, Fifth Edition, 2017, available at: https://www.ilo.org/empent/Publications/ WCMS_094386/lang--en/index.htm.
Amendment 280 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘appropriate measure’ means a measure that is capable of achieving the objectives of risk-based due diligence, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of action. as well as the size of the company, its capacity, resources and leverage. Severity means the scale, scope and irremediably character of the adverse impact, taking into account the gravity of the impact on the rights holder, the number of individuals that could be affected and the possibility of occurrence;
Amendment 282 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that companies conduct human rights and environmental due diligence on the basis of a risk approach as laid down in Articles 5 to 11 (‘due diligence’) by carrying out the following actions:
Amendment 283 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) identifying and prioritising actual or potential adverse impacts in accordance with Article 6;
Amendment 285 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) preventing andor mitigating potential adverse impacts, and, if possible, bringing actual adverse impacts to an end andor minimising their extent in accordance with Articles 7 and 8;
Amendment 285 #
2022/0051(COD)
Proposal for a directive
Recital 8
Recital 8
(8) International agreements under the United Nations Framework Convention on Climate Change, to which the Union and the Member States are parties, such as the Paris Agreement84 and the recent Glasgow Climate Pact85 , set out precise avenues to address climate change and keep global warming within 1.5 C degrees for states as signatory parties. Besides specific actions being expected from all signatory Parties, the role of the private sector, in particular its investment strategies, is also considered central to achieve these objectives. _________________ 84 https://unfccc.int/files/essential_backgroun d/convention/application/pdf/english_paris _agreement.pdf. 85 Glasgow Climate Pact, adopted on 13 November 2021 at COP26 in Glasgow, https://unfccc.int/sites/default/files/resourc e/cma2021_L16_adv.pdf.https://unfccc.int/ sites/default/files/resource/cma2021_L16_ adv.pdf.
Amendment 287 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) establishing and maintaining a complaintsnotification procedure in accordance with Article 9;
Amendment 289 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that, for the purposes of due diligence, companies are entitled to share resources and information within their respective groups of companies and with other legal entities in compliance with applicable competition law. Companies within the scope of this directive that are part of a group, including subsidies and parent companies, may also commit to take on the responsibilities of other group members pursuant to the obligations set out in this directive, under the obligation to deliver at least an equal commitment to due diligence. These other group members will then be relieved from their responsibilities in this regard.
Amendment 291 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that companies integrate due diligence into all their corporate policies where necessary and have in place a risk-based due diligence policy. The risk-based due diligence policy shall contain all of the following:
Amendment 293 #
2022/0051(COD)
Proposal for a directive
Recital 10
Recital 10
(10) According to the Commission Communication on forging a climate- resilient Europe89 presenting the Union Strategy on Adaptation to climate change, new investment and policy decisions should be climate-informed and future- proof, including for larger businesses managing valuesupply chains. This Directive should be consistent with that Strategy. Similarly, there should be consistency with the Commission Directive […] amending Directive 2013/36/EU as regards supervisory powers, sanctions, third-country branches, and environmental, social and governance risks (Capital Requirements Directive)90 , which sets out clear requirements for banks’ governance rules including knowledge about environmental, social and governance risks at board of directors level. _________________ 89 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Forging a climate-resilient Europe – the new EU Strategy on Adaptation to Climate Change (COM/2021/82 final), available at https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=COM:2021:82:FIN. 90 OJ C […], […], p. […].
Amendment 295 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships.
Amendment 295 #
2022/0051(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 296 #
2022/0051(COD)
Proposal for a directive
Recital 12
Recital 12
(12) This Directive is in coherence with the EU Action Plan on Human Rights and Democracy 2020-202499 . This Action Plan defines as a priority to strengthen the Union’s engagement to actively promote the global implementation of the United Nations Guiding Principles on Business and Human Rights and other relevant international guidelines such as the OECD Guidelines for Multinational Enterprises, including by advancing relevant due diligence standards OECD Guidelines for Multinational Enterprises as clarified in the OECD Due Diligence Guidance for Responsible Business Conduct as the relevant guidelines, including by advancing relevant due diligence standards. Therefore, these international standards should form the basis for the obligations on due diligence for companies set out in this Directive. _________________ 99 Joint Communication to the European Parliament and the Council on the EU Action Plan on Human Rights and Democracy 2020-2024 (JOIN/2020/5 final).
Amendment 299 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the companies review and update their due diligence policy annuallyregularly, taking a risk- based approach in accordance with the OECD Due Diligence Guidance for Responsible Business Conduct, the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights, but at least every five years.
Amendment 299 #
2022/0051(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The European Parliament, in its resolution of 10 March 2021 calls upon the Commission to propose Union rules for a comprehensive corporate due diligence obligation100 . The Council Conclusions on Human Rights and Decent Work in Global Supply Chains of 1 December 2020 called upon the Commission to table a proposal for a Union legal framework on sustainable corporate governance, including cross- sector corporate due diligence obligations along global supply chains.101 The European Parliament also calls for clarifying directors` duties in its own initiative report adopted on 2 December 2020 on sustainable corporate governance. In their Joint Declaration on EU Legislative Priorities for 2022102 , the European Parliament, the Council of the European Union and the Commission have committed, to deliver on an economy that works for people, and to improve the regulatory framework on sustainable corporate governance. _________________ 100 European Parliament resolution of 10 March 2021 with recommendations to the Commission on corporate due diligence and corporate accountability (2020/2129(INL)), P9_TA(2021)0073, available at https://oeil.secure.europarl.europa.eu/oeil/p opups/ficheprocedure.do?lang=en&referen ce=2020/2129(INL). 101 Council Conclusions on Human Rights and Decent Work in Global Supply Chains, 1 December 2020 (13512/20). 102 Joint declaration of the European Parliament, the Council of the European Union and the European Commission on EU Legislative Priorities for 2022, available at https://ec.europa.eu/info/sites/default/files /joint_declaration_2022.pdf.
Amendment 303 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall ensure that companies carry out a risk-based due diligence policy which is proportionate and commensurate to the likelihood and severity of their potential or actual adverse impacts and their specific circumstances, particularly their sector of activity, the size and length of their supply chain, its size, capacity, resources and leverage.
Amendment 304 #
2022/0051(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and value chainssupply chains. This Directive is without prejudice to the responsibility of Member States to respect and protect human rights and the environment under international law.
Amendment 305 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. Member States shall not require companies to perform Due Diligence on parts of the supply chain linked to non- risk areas where adverse impacts are unlikely to occur according to the Commission guidelines under Article 13.
Amendment 307 #
2022/0051(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) In line with relevant EU and national law, all companies in the EU need to adhere to the protection of human rights and environmental standards. If that is not the case, Member States and their relevant authorities are required to enforce the legislation. Thus, there is no need for companies within the EU to control each other’s conduct. The goal of due diligence is to tackle risks in cases where human rights and environmental standards are not or cannot be enforced. Thus, tracing activities in the supply chain shall be focused on upstream level business relationships outside the EU.
Amendment 308 #
2022/0051(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Identifying and prioritising actual and potential adverse impacts
Amendment 309 #
2022/0051(COD)
Proposal for a directive
Recital 14 b (new)
Recital 14 b (new)
(14b) This Directive is without prejudice to obligations in the areas of human rights, protection of the environment and climate change under other Union legislative acts. If the provisions of this Directive conflict with a provision of another Union legislative act pursuing the same objectives and providing for more extensive or more specific obligations, the provisions of the other Union legislative act should prevail to the extent of the conflict and should apply to those specific obligations. Examples of these obligations in Union legislative acts include obligations in the Conflict Minerals Regulation, the proposal for a Batteries Regulation or the proposal for a Regulation on deforestation-free supply chains.
Amendment 310 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps within their means to set up and carry out risk-based due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct anddirect business relationships outside the EU and in case of substantiated knowledge of risks, indirect business relationships throughoutoutside the EU in their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measureMoreover, administering information on a large number of business relationships is difficult. Therefore, the main obligations in this Directive should be ‘obligations of means’. In addition, while companies can be asked to prevent or mitigate adverse impacts that they caused or contributed to, it is still the responsibility of states to combat human rights violations worldwide. Companies should take the appropriate proportionate and commensurate measures within their means which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the respective company’s valuesupply chain, sector or geographical area in which its value chain partners operate, the company’s power to influence its direct and indirect business relationships,ize, risk factors including the sector and geographical area of activity, the likelihood and severity of the company's potential or actual adverse impacts and its specific circumstances, the company’s power, resources and leverage to influence its business relationships, whether they caused or contributed to the adverse impact or are directly linked to it and whether the company could increase its power of influencleverage.
Amendment 312 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures within their means to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their valuesupply chains, from their establisheddirect business relationships with third country entities, in accordance with paragraph 2, 3 and 4.
Amendment 317 #
2022/0051(COD)
(16) The risk-based due diligence process set out in this Directive should cover the six steps defined by the OECD Due Diligence Guidance for Responsible Business Conduct, which include due diligence measures for companies to identify and address adverse human rights and environmental impacts. This encompasses the following steps: (1) integrating due diligence into policies and management systems, (2) identifying and, assessing and prioritising adverse human rights and environmental impacts, (3) preventing, ceasing or minimising actual and potential adverse human rights, and environmental impacts, (4) assessing the effectiveness of measures, (5) communicating, (6) providing remediation.
Amendment 321 #
2022/0051(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Adverse human rights and environmental impact occur in companies’ own operations, subsidiaries, products, and in their value chains, in particulaaspects particularly occur at the level of raw material sourcing, and manufacturing, or at the level of product or waste disposal in the upstream supply chain operating outside the EU. In order for the due diligence to have a meaningful impact, it should cover human rights and environmental adverse impacts generated throughout the life-cycle of production and use and disposal of product or provision of servicthe level of companies’ own operations, operations of their subsidiaries, atnd the level of own operations, subsidiaries and in valueir business relationships outside the EU in their upstream supply chains.
Amendment 322 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Member States shall ensure that companies are able to identify actual and potential adverse impacts based on a risk assessment and risk-based monitoring methodology, taking into account the likelihood, severity and urgency of adverse impacts, the nature and context of their operations, including sector and geographic location, the scope of the risks, their scale and how irremediable they might be, and if necessary, use the prioritisation policy in dealing with them.
Amendment 323 #
2022/0051(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Secondary raw materials can only be traced until the point where the recycled material is returned to the immediate supplier of the recycler and where the information is obtained and retained to demonstrate that the material is recycled. Therefore, due diligence obligations should not go beyond that point.
Amendment 324 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
2b. The priorisation laid out under paragraph 2 a (new) shall allow companies to determine which identified potential adverse impacts companies prevent or mitigate as a priority under Article 7 and which actual adverse impacts companies bring to an end or minimise as a priority under Article 8.
Amendment 325 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 330 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information made available by the Member States, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaintsnotification procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentially affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts.
Amendment 330 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct anddirect and, in cases of substantiated knowledge of adverse impacts, indirect business relationships, both outside the EU that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.directly necessary to carry out the company’s activities;
Amendment 333 #
2022/0051(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Preventing and mitigating potential adverse impacts
Amendment 336 #
2022/0051(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 338 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate measureand commensurate measures within their means to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmental impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article.
Amendment 341 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention or mitigation, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. The prevention or mitigation action plan shall be developed in consultation with affected stakeholders; where relevant; companies are encouraged to develop their action plans in cooperation with sectoral initiatives and industry schemes;
Amendment 341 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chainsupply chain that it caused or contributed to and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to establisheddirect business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the value chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company outside the EU. In cases when there is substantiated knowledge of adverse impacts and the company has the means and leverage to influence those, meaning being directly linked to the adverse impact, companies should include indirect business relationships outside the EU.
Amendment 345 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(aa) set up a prioritisation strategy, taking into account the level of severity, likelihood and urgency of the different potential adverse human rights and adverse environmental impacts, the nature and context of their operations, including geographic, the scope of the risks, their scale and how irremediable they might be, and use the prioritisation policy in dealing with them. When prioritising their response to risks to human rights, companies shall treat the severity of an adverse impact, such as where a delayed response would make the impact irremediable, as the predominant factor.
Amendment 347 #
2022/0051(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The concept of a company’s involvement in an adverse impact should clarify that the actions to be taken to address potential or actual adverse impacts depend on the level of involvement of a company in an adverse impact. The company’s involvement in an adverse impact should be in the form of the company causing the adverse impact, contributing to the adverse impact, or the company being directly linked to the adverse impact, meaning it was caused by its direct or indirect business relationship in the company’s supply chain without the company causing or contributing to it. Although the concepts of the company’s involvement in an adverse impact of ‘contributing to’ and ‘being directly linked to’ also exist in international standards, they should receive an autonomous definition in the Directive. With a view to ensure an effective protection of human rights and the environment, ‘causing’ should be understood as the companies own sole activities, and ‘contributing to’ should be understood as a company’s own activities in combination with or intervention of the activities of business relationships or facilitating or incentivising a business relationship to cause an adverse impact.
Amendment 349 #
2022/0051(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Under this Directive, EU companies established in the Union with more than 53000 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high-impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts900 million in the financial year preceding the last financial year should be required to comply with due diligence. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. _________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
Amendment 351 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention or mitigation action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading). When such contractual assurances are obtained, paragraph 4 shall apply;
Amendment 353 #
2022/0051(COD)
Proposal for a directive
Recital 22
Recital 22
Amendment 358 #
2022/0051(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to fully achieve fully the objectives of this Directive addressing human rights and adverse environmental impacts with respect to companies’ operations, subsidiaries and valuesupply chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net turnover of at least EUR 150 million in the Union in the financial year preceding the last financial year or a net turnover of more than EUR 40 million but less thanhave a branch or subsidiary in the EU, had 3000 employees on average and generated a net worldwide turnover of at least EUR 15900 million in the last financial year preceding the last financial year in one or more of the high- impact sectors, as of 2 years after the end of the transposition period of this Directive.
Amendment 360 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate support for an SME with which the company has an established direct business relationship, where compliance with the code of conduct or the prevention or mitigation action plan would jeopardise the viability of the SME;
Amendment 361 #
2022/0051(COD)
Proposal for a directive
Recital 24
Recital 24
(24) For defining the scope of application in relation to non-EUthird-country companies the describcompany in question needs turnover criterion should be choseno have a branch or subsidiary in the EU as it creates a territorial connection between the third- country companies and the Union territory. TIn addition, turnover is a proxy for the effects that the activities of those companies could have on the internal market. In accordance with international law, such effects justify the application of Union law to third-country companies. To ensure identification of the relevant turnover of companies concerned, the methods for calculating net turnover for non-EUthird-country companies as laid down in Directive (EU) 2013/34 as amended by Directive (EU) 2021/2101 should be used. To ensure effective enforcement of this Directive, an employee threshold should, in turn, not be applied also be applied as a benchmark to determine which third-country companies fall under this Directive, as to create a level- playing field, while taking into account that the notion of “employees” retained for the purposes of this Directive is based on Union law and could not be easily transposed outside of the Union. In the absence of a clear and consistent methodology, including in accounting frameworks, to determine the employThat is why the nexus to the EU needs of third-country companies, such employee threshold would therefore create legal uncertainty and would be difficult to apply for supervisory authoritiesto be ensured through having a branch or subsidiary in the EU. The definition of turnover should be based on Directive 2013/34/EU which has already established the methods for calculating net turnover for non-Union companies, as turnover and revenue definitions are similar in international accounting frameworks too. With a view to ensuring that the supervisory authority knows which third country companies generate the required turnover in the Union to fall under the scope of this Directive, this Directive should require that a supervisory authority in the Member State where the third country company’s authorised representative is domiciled or established and, where it is different, a supervisory authority in the Member State in which the company generated most of its net turnover in the Union in the financial year preceding the last financial year are informed that the company is a company falling under the scope of this Directive.
Amendment 362 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) in compliance with Union law including competition law, collaborate with other entities, sectoral approaches or industry schemes, including, where relevant, to increase the company’s ability to bringprevent or mitigate the adverse impact to an end, in particular where no other action is suitable or effective.
Amendment 363 #
2022/0051(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In order to achieve a meaningful contribution to the sustainability transition, due diligence under this Directive should be carried out with respect to adverse human rights impact on protected persons resulting from the violation of one of the rights and prohibitions as enshrined in the international conventions as listed in the Annex to this Directive. In order to ensure a comprehensive coverage of human rights, a violation of a prohibition or right not specifically listed in that Annex which directly impairs a legal interest protected in those conventions should also form part of the adverse human rights impact covered by this Directive, provided that the company concerned could have reasonably established the risk of such impairment and any appropriate measures to be taken in order to comply with the due diligence obligations under this Directive, taking into account all relevant circumstances of their operations, such as the sector and operational contextOECD Due Diligence Guidelines for Multinational Enterprises as clarified in the OECD Guidance for Responsible Business Conduct, as well as the UN Guiding Principles for Business and Human Rights. Due diligence should further encompass adverse environmental impacts resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex to this DirectiveOECD Due Diligence Guidelines for Multinational Enterprises as clarified in the Guidance for Responsible Business Conduct as regards the environment.
Amendment 364 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(ea) engage with the affected stakeholders in order to provide meaningful opportunities for their views to be considered for the determination of the preventive or mitigating measures.
Amendment 365 #
2022/0051(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Companies should have guidance at their disposal that illustrates how their activities may impact human rights and which corporate behaviour is prohibited in accordance with internationally recognised human rights. Such guidance is included for instance in The United Nations Guiding Principles Reporting Framework104 and the United Nations Guiding Principles Interpretative Guide105 . Using relevant international guidelines and standards as a and should be made easily accessible to companies. Therefeorence, the Commission should be able to issue additionalissue guidance that will serve as a practical tool for companies. _________________ 104 https://www.ungpreporting.org/wp- content/uploads/UNGPReportingFramewor k_withguidance2017.pdf. 105 https://www.ohchr.org/Documents/Issues/ Business/RtRInterpretativeGuide.pdf.https: //www.ohchr.org/Documents/Issues/Busine ss/RtRInterpretativeGuide.pdf.
Amendment 367 #
2022/0051(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In order to conduct appropriate human rights, and environmental due diligence with respect to their operations, their subsidiaries, and their valuesupply chains, companies covered by this Directive should integrate due diligence into corporate policies, identify, prevent and mitigate as well as bring to an end and minimise the extent of potential and actual adverse human rights and environmental impacts that they cause or contribute to, establish and maintain a complaintsnotification procedure, monitor the effectiveness of the taken measures in accordance with the requirements that are set up in this Directive and communicate publicly on their due diligence in line with competition law. In order to ensure clarity for companies, in particular the steps of preventing and mitigating potential adverse impacts and of bringing to an end, or when this is not possible, minimising actual adverse impacts should be clearly distinguished in this Directive.
Amendment 372 #
2022/0051(COD)
(28) In order to ensure that due diligence forms part of companies’ corporate policies, and in line with the relevant international framework, companies should integrate due diligence into all their relevant corporate policies and have in place a risk- based due diligence policy. The due diligence policy should contain a description of the company’s approach, including in the long term, to due diligence, a code of conduct describing the rules and principles to be followed by the company’s employees and subsidiaries; a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to establishedits direct business relationships outside the EU. The code of conduct should apply in all relevant corporate functions and operations, including procurement and purchasing decisions. Companies should also update their due diligence policy annuallwhen relevant, meaning after a significant change occurs, such as operating in or sourcing from a new country.
Amendment 377 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be requiredmay decide as a last resort to refrain from entering into new or extending existing relations with the partner in connection with or in the valuesupply chain of which the impact has arisen and shallmay, where the law governing their relations so entitles them to, take the following actions if they are in the best interest of the potential victims of the potential adverse human rights and adverse environmental impacts, in line with responsible disengagement, also taking into account proportionality and the consequences of disrupting supply chains:
Amendment 377 #
2022/0051(COD)
Proposal for a directive
Recital 29
Recital 29
(29) To comply with due diligence obligations, companies need to take appropriate measures with respect to identification, prevention and bringing to an end adverse impacts that it caused or contributed to. An ‘appropriate measure’ should mean a measure that is capable of achieving the objectives of due diligence, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of action. In this context, in line with international frameworks, the company’s influencleverage over a business relationship should include, on the one hand its ability to persuade the business relationship to take action to bring to an end or prevent adverse impacts (for example through ownership or factual control, market power, pre-qualification requirements, linking business incentives to human rights and environmental performance, etc.) and, on the other hand, the degree of influence or leverage that the company could reasonably exercise, for example through cooperation with the business partner in question or engagement with another company which is the direct business partner of the business relationship associated with adverse impact.
Amendment 379 #
2022/0051(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential adverse human rights and environmental impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on meaningful stakeholder engagement and quantitative and qualitative information. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in valuesupply chains. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in respoWhen identifying adverse impacts that they caused or contributed to, the company should be able to first map areas of their operations, the operations of their subsidiaries and, where related to their supply chainse, to or anticipation of changesheir direct business relationships outside the EU inf they operating environment; and periodically, at least every 12 me in risk areas, and based on ths, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services should identify the adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of ae results, carry out an in-depth risk assessment prioritising the areas where the adverse impacts are most likely to be present or most significant. Indirect business relationship’s business model and strategies, including trading, procurement and pricing pshall be taken into account then there is substantiated knowledge of risks in those operactices. Whereons that the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstancesis directly linked to, e.g. based on information gathered in the notification procedure. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way after a significant change occurs, throughout the life of an activity or relationship.
Amendment 381 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 a (new)
Article 7 – paragraph 5 – subparagraph 1 a (new)
As a derogation from Article 7(5), companies shall not be required to refrain from entering into new or extending existing relations with the direct business partner or temporarily suspend the commercial relations or terminate the direct business relationship where: (a) there is a reasonable expectation that the termination would result in an adverse impact that is more severe than the potential adverse impact that could not be prevented or adequately mitigated, or (b) no available alternative to that direct business relationship, that provides a product or service essential to the company’s production of goods or provision of services, exists.
Amendment 382 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. The possibility to refrain from entering into new or extending existing relating relations with the business partner according to paragraph 5 shall not apply to commercial agreements concluded by the company before the expiry of the transposition period in accordance with Article 30 of this Directive.
Amendment 384 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 384 #
2022/0051(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) Where the company cannot prevent, mitigate, bring to an end or minimise all the identified actual and potential adverse impacts at the same time to the full extent, it should be allowed to prioritise them based on the severity and likelihood of the adverse impact. In line with the relevant international framework, the severity of an adverse impact should be assessed based on its gravity (scale of the adverse impact), the number of persons or the extent of the environment affected (scope of the adverse impact), its irreversibility, and difficulty to restore the situation prevailing prior to the impact (irremediable character of the adverse impact).
Amendment 385 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate measuresand commensurate measures within their means to try to bring actual adverse impacts that have been, or should have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article. Those measures should be reasonable in the context of the involvement of the company in the actual adverse impact and the significance of the adverse impact itself.
Amendment 385 #
2022/0051(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 388 #
2022/0051(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Where the company cannot prevent, mitigate, bring to an end or minimise all the identified actual and potential adverse impacts at the same time to the full extent, it should be allowed to prioritise them based on the severity and likelihood of the adverse impact. In line with the relevant international framework, the severity of an adverse impact should be assessed based on its gravity (scale of the adverse impact), the number of persons or the extent of the environment affected (scope of the adverse impact), its irreversibility, and difficulty to restore the situation prevailing prior to the impact (irremediable character of the adverse impact). In line with international standards, prevention and mitigation as well as bringing to an end and minimisation of adverse impacts should take into account the interests of those adversely impacted. In order to enable continuous engagement with the valuesupply chain business partner instead of termination of business relations (disengagement) and possibly exacerbating adverse impacts, this Directive should ensure that disengagement is a last-resort action, used only in cases of severe or repeated misconduct, after repeated attempts of bringing an actual adverse impact to an end have failed and only if it is in the best interest of those impacted (responsible disengagement), also in line with the Union`s policy of zero-tolerance on child labour. Terminating a business relationship in which child labour was found could expose the child to even more severe adverse human rights impacts. This should therefore be taken into account when deciding on the appropriate action to take. Moreover, responsible disengagement should also take into account possible impacts for those depending on the product or affected by disruptions of supply chains.
Amendment 389 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including, where reasonable and applicable, by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate and commensurate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact as well as to its resources and leverage;
Amendment 390 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a a (new)
Article 8 – paragraph 3 – point a a (new)
(aa) set up a prioritisation strategy, taking into account the level of severity, likelihood and urgency of the different actual adverse impacts, the nature and context of their operations, including geographic, the scope of the risks, their scale and how irremediable they might be, and use the prioritisation policy in dealing with them. When prioritising their response to risks to human rights, companies shall treat the severity of an adverse impact, such as where a delayed response would make the impact irremediable, as the predominant factor.
Amendment 392 #
2022/0051(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Under the due diligence obligations set out by this Directive, if a company identifies potential adverse human rights or environmental impacts, it should take appropriate measureproportionate and commensurate measures within their means to prevent andor adequately mitigate them. To provide companies with legal clarity and certainty, this Directive should set out the actions companies should becan be reasonably expected to take for prevention and mitigation of potential adverse impacts where relevant depending on the circumstances. and leverage. Companies should be obliged to take measures within their means to prevent or mitigate the adverse impacts that they cause or to which they contribute. When companies are not causing nor contributing to the adverse impacts occurring in their supply chain (so called ‘being directly linked to’ the adverse impact), they should use their influence to prevent or mitigate the adverse impact caused by their subsidiaries or business partners or to increase their influence to do so.
Amendment 394 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. Where relevant, the corrective action plan shall be developed in consultation with relevant stakeholders;
Amendment 397 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant depending on the circumstances and their leverage. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies shouldmay seek to obtain contractual or other assurances from a direct partner with whom they have an established direct business relationship outside the EU that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ value chain. The contractual assurances should besupply chain where possible. The assurances may be, where appropriate, accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts, and, where appropriate, collaborate with other companies to that extent. Companies should also provide targeted and proportionate support for an SME with which they have an established direct business relationship outside the EU such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 402 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
(d) make, where necessary and applicable, investments, such as into management or production processes and infrastructures to comply with paragraphs 1, 2 and 3;
Amendment 402 #
2022/0051(COD)
Proposal for a directive
Recital 35
Recital 35
(35) In order to reflect the full range of options for the company in cases where potential impacts could not be addressed by the described prevention or minimisation measuresthere is substantiated knowledge of severe adverse impacts in indirect business relationships outside the EU, this Directive should also refer to the possibility for the company to seek to conclude a contract with the indirect business partnerrelationship, with a view to achieving compliance with the company’s code of conduct or a prevention action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract. This possibility should be taken into account on an ad-hoc basis and following the engagement with stakeholders.
Amendment 405 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
(e) provide targeted and proportionate support for an SME with which the company has an established direct business relationship, where compliance with the code of conduct or the corrective action plan would jeopardise the viability of the SME;
Amendment 405 #
2022/0051(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 408 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point f a (new)
Article 8 – paragraph 3 – point f a (new)
(fa) engage, where relevant, with the affected stakeholders in order to provide meaningful opportunities for their views to be considered for the determination of action to be taken.
Amendment 409 #
2022/0051(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As regards direct andor where applicable indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore, it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. CompaniMember States cshould assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive and assess their feasibility. However, membership of such schemes should complement, not replace company due diligence efforts. In order to ensure full information on such initiatives, the Directive should also refer to the possibilityquire for the Commission and the Member States to facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, may should issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 413 #
2022/0051(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Under the due diligence obligations set out by this Directive, if a company identifies actual human rights or environmental adverse impacts that it caused or contributed to, it should take appropriate measures to bring those to an end. It can be expected that a company is able to bring to an end actual adverse impacts in theirits own operations and inthose of its subsidiaries. However, it should be clarified that, as regards established business relationships, where adverse impacts cannot be brought to an end, companies should minimise the extent of such impacts. Minimisation of the extent of adverse impacts should require an outcome that is the closest possible to bringing the adverse impact to an end. To provide companies with legal clarity and certainty, this Directive should define which actions companies shcould be reasonably required to take within their means for bringing actual human rights and environmental adverse impacts to an end and minimisation of their extent, where relevant depending on the circumstances. When companies are neither causing nor contributing to the adverse impacts, meaning they are directly linked to the adverse impact, they should be obliged to use their influence to bring to an end or minimise the extent of the adverse impact caused by their subsidiaries or business relationships or to increase their influence to do so.
Amendment 416 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the company shallmay refrain as a last resort from entering into new or extending existing relations with the partner in connection to or in the valuesupply chain of which the impact has arisen and shallmay, where the law governing their relations so entitles them to, take one of the following actions if they are in the best interest of the potential victims of the potential and actual adverse impacts, in line with responsible disengagement, also taking into account proportionality and the consequences of disrupting supply chains:
Amendment 418 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant within their means, where relevant depending on the circumstances. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. Companies should alsomay also, where possible and where deemed necessary following engagement with stakeholders, seek to obtain contractual or other assurances from a direct business partner with whom they have an established business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s valuesupply chain. The contractual assurances should beassurances may be, where appropriate, accompanied by the appropriate measures to verify compliance. Finally, companies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an established direct business relationship and collaborate with other entities, including through industry initiatives, where relevant, to increase the company’s ability to bring the adverse impact to an end.
Amendment 420 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 a (new)
Article 8 – paragraph 6 – subparagraph 1 a (new)
Amendment 423 #
2022/0051(COD)
Proposal for a directive
Recital 40
Recital 40
(40) In order to reflect the full range of options for the company in cases where actual impacts could not be addressed by the described measures, this Directive should also refer to the possibility for the company to seek to conclude a contract with the indirect business partner, where appropriate, with a view to achieving compliance with the company’s code of conduct or a corrective action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract.
Amendment 424 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 425 #
2022/0051(COD)
Proposal for a directive
Recital 41
Recital 41
(41) In order to ensure that bringing actual adverse impacts to an end or minimising them is effective, companies should prioritize engagement with business relationships in the valuesupply chain, instead of terminating the business relationship, as a last resort action after attempting ato bringing actual adverse impacts to an end or minimising them without success. However, this Directive should also, for cases where actual adverse impacts could not be brought to an end or adequately mitigated by the described measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercialbusiness relationships with the partner in question, while pursuing efforts to bring to an end or minimise the extent of the adverse impact, or terminate the business relationship with respect to the activities concerned, if the adverse impact is considered severe and only if this is in the best interest of those impacted (responsible disengagement). In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws.
Amendment 426 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
7a. The possibility to refrain from entering into new or extending existing relating relations with the business partner according to paragraph 5 shall not apply to commercial agreements concluded by the company before the expiry of the transposition period in accordance with Article 30.
Amendment 426 #
2022/0051(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaintsinformation directly to them in case of legitimate concerns regarding actual or potential human rights and environmental adverse impacts. Organisations who could submit such complaintsinformation should include trade unions and other workers’ representatives representing individuals working in the valuesupply chain concerned and civil society organisations active in the areas related to the valuesupply chain concerned where they have substantiated and documented knowledge about a potential or actual adverse impact. Companies should establish a procedure for dealing with those complaintnotifications and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remedinotification mechanism should not prevent the complaininformant from having recourse to judicial remedies. In accordance with international standards, complaiinformants should be entitled to request from the company appropriate follow-up on the complaint andnotification. This can include to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaintnotification. This access should not lead to unreasonable solicitations of companies nor to sanctions. Companies may deal with notifications as a group, for example within an industry initiative.
Amendment 428 #
Amendment 430 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints tonotify them where they have legitimate concernsinformation, which must be reasonable documented and factually justified, regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value chaindirect business relationships. This can be done in cooperation with industry schemes or multi-stakeholder initiatives.
Amendment 431 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodiccontinuous assessments of their own operations, those of their subsidiaries and, where related to the valuesupply chains of the company, those of their established business relationships outside the EU, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and if adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in- betweenwhen deemed necessary after a significant change occurs, such as operating in or sourcing from a new country or if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
Amendment 433 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Companies shall be allowed to deal with notifications as a group, for example within a sectoral initiative, an industry programme or multi-stakeholder initiatives.
Amendment 434 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that the complaintsnotification may be submitted by:
Amendment 436 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) persons who are directly affected or have reasonable grounds to believe that they mightwill be affdirectedly by an adverse impact,
Amendment 437 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value chain concernedcompany, its subsidiaries or direct business partners,
Amendment 439 #
2022/0051(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Like in the existing international standards set by the United Nations Guiding Principles on Business and Human Rights and the OECD framework, it forms part of the due diligence requirement to communicate externally relevant information on due diligence policies, processes and activities conducted to identify and address actual or potential adverse impacts, including the findings and outcomes of those activities. The proposal to amend Directive 2013/34/EU as amended regardsing corporate sustainability reporting sets out relevant reporting obligations for the companies covered by this directive. In order to avoid duplicating reporting obligations, this Directive should therefore not introduce any new reporting obligations in addition to those under Directive 2013/34/EU for the companies covered by that Directive as well as the reporting standards that should be developed under it. As regards companies that are within the scope of this Directive, but do not fall under Directive 2013/34/EU, in order to comply with their obligation of communicating as part of the due diligence under this Directive, they should publish on their website an annual statement in a language customary in the sphere of international businessone of the official languages of the Union.
Amendment 440 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 442 #
2022/0051(COD)
Proposal for a directive
Recital 45
Recital 45
(45) In order to facilitate companies’ compliance with their due diligence requirements throughas regards their valuesupply chain and limiting shifting compliance burden on SME business partners, in particular SMEs, the Commission should provide guidance on model contractual clauses.
Amendment 443 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the companienotifications establish a procedure for dealing with complaints referred to in paragraph 1, including a procedure when the company considers the complaintinformation to be unfounded, and inform the relevant workers and trade unions of those procedures. Member States shall ensure that where the complaintinformation is well-founded, the adverse impact that is the subject matter of the complaintnotification is deemed to be identified within the meaning of Article 6. This can be done in cooperation with industry schemes or multi-stakeholder initiatives.
Amendment 444 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that complainants are entitledinformants are entitled to request appropriate follow-up on the notification from the company with which they have filed a notification pursuant to paragraph 1.
Amendment 444 #
2022/0051(COD)
Proposal for a directive
Recital 46
Recital 46
(46) In order to provide support and practical tools to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, using relevant international guidelines and standards as a reference, and in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, the OECD and where appropriate with international bodies having expertise in due diligence, should have the possibility to issue guidelines, including for specific sectors or specific adverse impactsissue guidelines, including for specific risk factors, including geographic locations, sectors or specific adverse impacts, as well as information on relevant industry schemes or multi- stakeholder initiatives. The basis of these guidelines should be independent and verifiable information, such as information from reports of international organisations. These guidelines should include a list of regions and third countries where adverse human rights impacts and/or environmental adverse impacts are unlikely or likely to occur. Countries or regions, where adverse impacts are unlikely to occur, might be the United States of America, the United Kingdom, Canada, Australia, New Zealand or Japan. One criteria for this list should be a free-trade agreement between the European Union and the third country or the region.
Amendment 445 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
Amendment 446 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
Amendment 448 #
2022/0051(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Although SMEs are not included in the scope of this Directive, they could be heavily impacted by its provisions as contractors or subcontractors to the companies which are in the scope. The aim is nevertheless to mitigate the immense financial or administrative burden on SMEs, many of which are already struggling in the context of the global economic and sanitary crisis. In order to support companies in the implementation, including SMEs, Member States should set up and operate, either individually or jointly, dedicated websites, portals or platforms, to provide information and support to companies, and Member States cshould also financially support SMEs specifically and help them build capacity. Such support should also be made accessible, and where necessary adapted and extended to upstream economic operators in third countries. Companies whose business partner is an SME, are also encouraged tshould also support them to comply with due diligence measures, in case such requirements would jeopardize the viability of the SME and use fair, reasonable, non-discriminatory and proportionate requirements vis-a-vis the SMEs.
Amendment 450 #
2022/0051(COD)
Proposal for a directive
Recital 48
Recital 48
(48) In order to complement Member State support to companies in their implementation, including SMEs, the Commission mayshould build on existing EU tools, projects and other actions helping with the due diligence implementation in the EU and in third countries. It may set up new support measures that provide help to companies, including SMEs on due diligence requirements, including an observatory for valuesupply chain transparency and the facilitation and assessment of joint stakeholder initiatives.
Amendment 452 #
2022/0051(COD)
Proposal for a directive
Recital 49
Recital 49
(49) The Commission and Member States should continue to work in partnership with third countries to support upstream economic operators build the capacity to effectively prevent and mitigate adverse human rights and environmental impacts of their operations and business relationships, paying specific attention to the challenges faced by smallholders. They should use their neighbourhood, development and international cooperation instruments, including Free Trade Agreements, to support third country governments and upstream economic operators in third countries addressing adverse human rights and environmental impacts of their operations and upstream business relationships. This could include working with partner country governments, the local private sector and stakeholders on addressing the root causes of adverse human rights and environmental impacts.
Amendment 453 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures regularly, those of their subsidiaries and, where related to the valuesupply chains of the company, those of their establisheddirect business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such risk-based assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 monthsregularly and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
Amendment 455 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that companies that are not subject to reporting requirements under Articles 19a and 29a of Directive 2013/34/EU report on the matters covered by this Directive by publishing on their website an annual statement in a language customary in the sphere of international business. TWhen changes occur, the statement shall be published by 30 April each year, covering the previous calendar yearupdated.
Amendment 455 #
2022/0051(COD)
Proposal for a directive
Recital 50
Recital 50
(50) In order to ensure that this Directive effectively contributes to combating climate change, companies should adopt a plan to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. In case climate is or should have beenin case climate is identified as a principal risk for or a principal impact of the company’s operations, the company should include emissions reduction objectives in its planclimate objectives in its due diligence policy regarding environmental adverse impacts.
Amendment 456 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
The Commission shall adopt delegated acts in accordance with Article 28 concerning the content and criteria for such reporting under paragraph 1, specifying information on the description of due diligence, potential and actual adverse impacts and actions taken on those. The Commission shall ensure that reporting is possible via a simplified reporting form.
Amendment 457 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
The companies referred to in paragraph 1 may rely on the consolidated reporting of the group to which they belong in order to fulfil their reporting requirements under this Article.
Amendment 457 #
2022/0051(COD)
Proposal for a directive
Recital 51
Recital 51
Amendment 458 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
Member States shall ensure that a company or other legal entity shall not be obliged to disclose information that is deemed to be a trade secret as defined in Article 2(1) of Directive (EU) 2016/943 of the European Parliament and of the Council. while fulfilling the duties of this Directive.
Amendment 460 #
2022/0051(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
In order to provide support to companies to facilitate their compliance with Article 7(2), point (b), and Article 8(3), point (c), the Commission shall adopt guidance aboutand publish voluntary model contract clauses no later than 18 months after entry into force of this Directive.
Amendment 460 #
2022/0051(COD)
Proposal for a directive
Recital 53
Recital 53
(53) In order to ensure the monitoring of the correct implementation of companies’ due diligence obligations and ensure the proper enforcement of this Directive, Member States should designate one or more national supervisory authorities. These supervisory authorities should be of a public nature, independent from the companies falling within the scope of this Directive or other market interests, and free of conflicts of interest. In accordance with national law, Member States should ensure appropriate financing of the competent authority. They should be entitled to carry out investigations, on their own initiative or based on complaints or substantiated concerns raised under this Directive. Where competent authorities under sectoral legislation exist, Member States could identify those as responsible for the application of this Directive in their areas of competence. They could designate authorities for the supervision of regulated financial undertaking also as supervisory authorities for the purposes of this Directive.
Amendment 461 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and relevant stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, the European Agency for Small and Medium enterprises, and where appropriate with international bodies having expertise in due diligence, mayshall issue guidelines, including for specific sectors or specific adverse impactsclear and easily understandable guidelines, in digital, free of charge and easily accessible format, taking into account the need of SMEs, including the following: (a) for specific sectors or specific adverse impacts; (b) an overview on applicable industry initiatives, multi-stakeholder initiatives and industry schemes; (c) practical guidance on how proportionality and prioritisation, in terms of impacts, sectors and geographical areas, may be applied to due diligence obligations depending on the size and sector of the company; (e) lists of risk areas and non-risk areas whether sectoral or geographic such as a list of regions and countries where adverse human rights impacts and/or environmental adverse impacts are unlikely or likely to occur. Countries or regions, where adverse impacts are unlikely to occur, might be the European Economic Area, the United States of America, the United Kingdom, Canada, Australia, New Zealand, and Japan. One criteria for this list shall be a free-trade agreement between the European Union and the third country or region.
Amendment 462 #
2022/0051(COD)
Proposal for a directive
Recital 54
Recital 54
(54) In order to ensure effective enforcement of national measures implementing this Directive, Member States should provide for dissuasive, proportionate and effective administrative sanctions for infringements of those measures. In order for such sanction regime to be effective, administrative sanctions to be imposed by the national supervisory authorities should include pecuniary sanctions. Where the legal system of a Member State does not provide for administrative sanctions as foreseen in this Directive, the rules on administrative sanctions should be applied in such a way that the sanction is initiated by the competent supervisory authority and imposed by the judicial authority. Therefore, it is necessary that those Member States ensure that the application of the rules and sanctions has an equivalent effect to the administrative sanctions imposed by the competent supervisory authorities.
Amendment 464 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
Lists of non-risk areas and risk areas shall be updated continuously by the Commission and made publicly available, for example, in order to provide up-to- date information on the international Conventions and Treaties ratified by each of the Union’s trading partners. The Commission shall collect and publish trade and customs data on origins of raw materials, and intermediate and finished products, and publish information on human rights, environmental and governance potential or actual adverse impacts risks associated with certain countries or regions, sectors and sub- sectors, and products.
Amendment 464 #
2022/0051(COD)
Proposal for a directive
Recital 55
Recital 55
(55) In order to ensure consistent application and enforcement of national provisions adopted pursuant to this Directive, national supervisory authorities should actively cooperate and coordinate their action. For that purpose a European Network of Supervisory Authorities should be set up by the Commission and the supervisory authorities should assist each other in performing their tasks and provide mutual assistance.
Amendment 465 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
The guidelines shall be made available no later than 18 months after the date of entry into force of this Directive. The Commission shall regularly review the relevance of its guidelines and adapt them to new best practices.
Amendment 467 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall, in order to provide information and support to companies and the partners with whom they have establisheddirect business relationships in their valuesupply chains in their efforts to fulfil the obligations resulting from this Directive, set up and operate individually or jointly dedicated helpdesks, websites, platforms or portals. Specific consideration shall be given, in that respect, to the SMEs that are present in the valuesupply chains of companies.
Amendment 470 #
2022/0051(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be required to lay down rules governing the civil liability of companies for damages arising due to its intentional or gross negligent failure to comply with the due diligence process. The company should be liable for damages if thethat they directly caused if they intentionally or gross negligently failed to comply with the obligations to prevent and mitigate potential adverse impacts or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that it directly caused and that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage.
Amendment 474 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Commission mayshall complement Member States’ support measures building on existing Union action to support due diligence in the Union and in third countries and mayshall devise new measures, including facilitation of joint stakeholder initiatives to help companies fulfil their obligations.
Amendment 474 #
2022/0051(COD)
Proposal for a directive
Recital 57
Recital 57
Amendment 475 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Companies may rely on industry schemes and multi-stakeholder initiatives to support the implementation of their obligations referred to in Articles 5 to 11 of this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. The Commission and the Member States mayshall facilitate the dissemination of information on such schemes or initiatives and their outcome. The Commission, in collaboration with Member States, may shall issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 476 #
2022/0051(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Single Point of Contact 1. Each Member State shall designate a national single point of contact on corporate sustainability due diligence. Member States may assign this role to an existing authority. Where a Member State designates only one competent authority, that competent authority may also be the single point of contact. 2. Companies may seek guidance and obtain further support and information about how best to fulfil their due diligence obligations through this portal. 3. The single point of contact may also exercise a liaison function to ensure cross-border cooperation of Member State authorities and with the relevant authorities in other Member States via cooperation with the European Supervisory Network established in Article 21.
Amendment 478 #
2022/0051(COD)
Proposal for a directive
Article 15
Article 15
Amendment 479 #
2022/0051(COD)
Proposal for a directive
Recital 59
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligencethat it directly caused should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partnerbusiness in the valuesupply chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
Amendment 483 #
2022/0051(COD)
Proposal for a directive
Recital 61
Recital 61
Amendment 484 #
2022/0051(COD)
Proposal for a directive
Recital 62
Recital 62
Amendment 485 #
2022/0051(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 486 #
2022/0051(COD)
Proposal for a directive
Recital 64
Recital 64
Amendment 492 #
2022/0051(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Each Member State shall designate one or more supervisory authorities to supervise compliance with the obligations laid down in national provisions adopted pursuant to Articles 6 to 11 and Article 15(1) and (2) (‘supervisory authority’).
Amendment 493 #
2022/0051(COD)
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 493 #
2022/0051(COD)
Proposal for a directive
Recital 70
Recital 70
Amendment 494 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Inspections shall be conducted in compliance with the national law of the Member State in which the inspection is carried out and with prior warning to the company, except where prior notification hinders the effectiveness of the inspection. Where, as part of its investigation, a supervisory authority wishes to carry out an inspection on the territory of a Member State other than its own, it shall seek assistance from the supervisory authority in that Member State pursuant to Article 21(2).
Amendment 495 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 4 – subparagraph 2
Article 18 – paragraph 4 – subparagraph 2
Taking remedial action does not preclude the imposition of administrative sanctions or the triggering of civil liability in case of damages, in ain Accordance with Articles 20 and 22, respectively.
Amendment 495 #
2022/0051(COD)
Proposal for a directive
Recital 71
Recital 71
(71) The objective of this Directive, namely better exploiting the potential of the single market to contribute to the transition to a sustainable economy and contributing to sustainable development through the prevention and mitigation of potential or actual human rights and environmental adverse impacts in companies’ value chains, cannot be sufficiently achieved by the Member States acting individually or in an uncoordinated manner, but can rather, by reason of the scale and effects of the actions, be better achieved at Union level. In particular, addressed problems and their causes are of a transnational dimension, as many companies are operating Union wide or globally and value chains expand to other Member States and to third countries. Moreover, individuala growing number of individual and different Member States’ measures risk being ineffective, unworkable for companies to comply with, and lead to fragmentation of the internal market. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 497 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 5 – point c a (new)
Article 18 – paragraph 5 – point c a (new)
(ca) to decide on an exemption for companies in line with Article. 7(5a) and Article 8(6), subparagraph (1a).
Amendment 498 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 7
Article 18 – paragraph 7
7. Without prejudice to Member State rules on companies’ right to court appeal and other relevant safeguards Member States shall ensure that each natural or legal person has the right to an effective judicial remedy against a legally binding decision by a supervisory authority concerning them in accordance with national law.
Amendment 500 #
2022/0051(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that natural and legal personsstakeholders as referred to in Article 9(2) are entitled to submit substantiated concerns to any supervisory authority when they have reasons to believe, on the basis of objective circumstances, that a company is failing to comply with the national provisions adopted pursuant to this Directive (‘substantiated concerns’) if the notification procedure referred to in Article 9 did not have a satisfactory outcome.
Amendment 501 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – introductory part
Article 1 – paragraph 1 – subparagraph 1 – introductory part
This DirectiveRegulation lays down rules
Amendment 502 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive, shall align the sanctions, and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
Amendment 504 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. In deciding whether to impose sanctions and, if so, in determining their nature and appropriate level, due account shall be taken of the legal framework applicable in the country where the adverse impact occurred, the company’s efforts to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, cumulative effects of the different measures and sanctions already imposed on the company as well as the collaboration with other entities to address adverse impacts in its valuesupply chains, as the case may be.
Amendment 506 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts that they caused, contributed to or are directly linked to, with respect to their own operations, the operations of their subsidiaries, and the valuesupply chain operations carried out by entities with whom the company has an establishedtheir business relationships outside the EU and
Amendment 508 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 511 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 512 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point b
Article 1 – paragraph 1 – subparagraph 1 – point b
(b) on liability for violations of the obligations mentioned abovedamages that occurred in the operations described above which a company directly intentionally or gross negligently caused.
Amendment 513 #
2022/0051(COD)
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Supervisory authorities shall share relevant information with the single point of contact as a means of ensuring that the single point of contact has the necessary information to perform its tasks.
Amendment 515 #
2022/0051(COD)
Proposal for a directive
Article 22
Article 22
Amendment 519 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 528 #
2022/0051(COD)
2a. Member States shall not introduce, in their national law, more stringent provisions than those laid down in this Directive, unless otherwise provided for in this Directive.
Amendment 536 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to companies which are formed in accordance with the legislation of a Member State and which fulfil one of the following conditions:had more than 3000 employees on average and had a net worldwide turnover of more than EUR 900 million in the last financial year for which annual financial statements have been prepared;
Amendment 539 #
2022/0051(COD)
Proposal for a directive
Article 24
Article 24
Amendment 540 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 542 #
2022/0051(COD)
Proposal for a directive
Article 25
Article 25
Amendment 549 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 550 #
2022/0051(COD)
Proposal for a directive
Article 26
Article 26
Amendment 556 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
No later than … [OP please insert the date = 78 years after the date of entry into force of this Directive], the Commission shall submit a comprehensive report to the European Parliament and to the Council on the implementation and effectiveness of this Directive. The report shall evaluate the effectiveness and feasibility of this Directive in reaching its objectives and also assess the following issues:
Amendment 557 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) whether the thresholds regarding the number of employees and net turnover laid down in Article 2(1) need to be lowermodified;
Amendment 559 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) whether the list of sectors in Article 2(1), point (b), needs to be changed, including in order to align it to guidance from the Organisation for Economic Cooperation and Development;
Amendment 560 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point b a (new)
Article 29 – paragraph 1 – point b a (new)
(ba) whether the impact of the Directive was justified and reached the targeted goals, including the associated indirect costs and the economic, social and environmental benefits thereof, and the costs on SMEs.
Amendment 561 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
Amendment 562 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point d
Article 29 – paragraph 1 – point d
Amendment 564 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by … [OJ to insert: 25 years from the entry into force of this Directive] at the latest, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 566 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point a
Article 30 – paragraph 1 – subparagraph 2 – point a
(a) from… [OJ to insert: 25 years from the entry into force of this Directive] as regards companies referred to in Article 2(1), point (a), and Article 2(2), point (a);
Amendment 568 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point b
Article 30 – paragraph 1 – subparagraph 2 – point b
(b) from … [OJ to insert: 47 years from the entry into force of this Directive] as regards companies referred to in Article 2(1), point (b), and Article 2(2), point (b).
Amendment 570 #
Amendment 596 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to companies which are formed in accordance with the legislation of a third country, and fulfil one of the following conditions:have a domestic branch office or subsidiary in a Member State and which had at least 3000 employees and had a net worldwide turnover of more than EUR 900million in the last financial year for which annual financial statements have been prepared;.
Amendment 602 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 611 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 635 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. In case of a group of companies: (a) the parent company, whether or not it meets the thresholds mentioned in paragraphs 1 or 2, may perform the Due Diligence obligations laid down in this Directive on behalf of any or all its subsidiaries which meet the thresholds in paragraph 1 or 2; (b) any subsidiary shall be deemed in compliance with the obligations laid down in this Directive where their parent company includes those subsidiaries in its due diligence corporate policy.
Amendment 649 #
Amendment 667 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental impact’ means an adverse impact on the environment resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex, Part II; inciples set out in the OECD Due Diligence Guidelines for Multinational Enterprises as clarified in the OECD Guidance for Responsible Business Conduct as regards the environment and climate.;
Amendment 676 #
2022/0051(COD)
(c) ‘adverse human rights impact’ means an adverse impact on protected persons that may impair the full enjoyment of human rights resulting from the violation of one of the prights or prohibitions listed in the Annex, Part I Section 1, as enshrined in the international conventions listed in the Annex, Part I Section 2nciples set out in the OECD Due Diligence Guidelines for Multinational Enterprises as clarified in the OECD Guidance for Responsible Business Conduct and the UN Guiding Principles on Business and Human Rights;
Amendment 682 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) ‘adverse impact’ means an adverse environmental impact and adverse human rights impact;
Amendment 684 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c b (new)
Article 3 – paragraph 1 – point c b (new)
(cb) ‘to cause an adverse impact’ means a company’s own actions that directly led to the adverse impact.
Amendment 685 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c c (new)
Article 3 – paragraph 1 – point c c (new)
(cc) ‘to contribute to an adverse impact’ means a company’s own actions in combination with the activities of other entities cause an adverse impact, or if the activities of a company cause, facilitate or incentivise another entity to cause an adverse impact. Contribution must be substantial, meaning that it does not include minor or trivial contributions. The substantial nature of the contribution and understanding when the actions of the enterprise may have caused, facilitated or incentivised another entity to cause an adverse impact may involve the consideration of multiple factors. The following factors can be taken into account: – the extent to which an enterprise may encourage or motivate an adverse impact by another entity, i.e. the degree to which the activity increased the risk of the impact occurring. – the extent to which an enterprise could or should have known about the adverse impact or potential for adverse impact, i.e. the degree of foreseeability. – the degree to which any of enterprise’s activities actually mitigated the adverse impact or decreased the risk of the impact occurring. The mere existence of a business relationship or activities which create the general conditions in which it is possible for adverse impacts to occur does not necessarily represent a relationship of contribution. The activity in question should substantially increase the risk of adverse impact.
Amendment 687 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c d (new)
Article 3 – paragraph 1 – point c d (new)
(cd) being ‘directly linked to an adverse impact’ means that there is a relationship between the adverse impact and the company’s products, services or operations through another business relationship. Directly linked is not defined by direct contractual relationships. Also, a direct linkage does not imply that the responsibility shifts from the entity causing an adverse impact to the enterprise with which it has a linkage.
Amendment 690 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) ‘direct business relationship’ means a business relationship with a direct contractor, subcontractor or any other legal entities (‘partner’)ual relation for the supply of goods or the provision of services whose supplies are necessary for the production of the enterprise’s product or the provision and use of the relevant service, which is relevant based on the severity and likelihood of adverse impacts and is outside the European Union.
Amendment 697 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Article 3 – paragraph 1 – point e – point i
Amendment 700 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Article 3 – paragraph 1 – point e – point ii
Amendment 711 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘establishedindirect business relationship’ means a business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the value chaiich is not a direct supplier and whose supplies are necessary for the production of the enterprise’s product or the provision and use of the relevant service, which is relevant based on the severity and likelihood of adverse impacts and is outside the European Union;
Amendment 718 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
Amendment 727 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production and supply of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, c as far as these activities are dit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;rectly necessary for the production of the goods or the provision of the services.
Amendment 734 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(ga) ‘leverage’ means the ability of a company, depending on size and importance to supplier’s revenue or the functioning of its business operations, to affect change in the wrongful practices of the entity that causes or contributes to the adverse impact in the supply chain;
Amendment 746 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h a (new)
Article 3 – paragraph 1 – point h a (new)
(ha) For the purposes of point (h), the Commission shall adopt a delegated act in accordance with Article 28 to specify the minimum standards for the independent third-party verification;
Amendment 753 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point j a (new)
Article 3 – paragraph 1 – point j a (new)
(ja) For the purposes of point (j), the Commission shall adopt a delegated act in accordance with Article 14b and 28 to specify the minimum standards for the industry initiative to be recognised by one Member States as feasible;
Amendment 754 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
Amendment 765 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, employees within its supply chain and other relevant individuals, groups, communities or entities whose rights or vested interests are or could be directly affected by the potential and actual adverse environmental and human rights impacts connected to the products, services and operations of that company, its subsidiaries and its business relationships;
Amendment 776 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
Amendment 781 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
Amendment 785 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘appropriate measure’ means a measure that is capable of achieving the objectives of due diligence, commensurate with the degree of severity and the likelihood of the adverse impact, and proportionate to the size, reasonably available tources and capacities of the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of actionleverage in that relationship, and the principle of risk-based prioritisation of action. Companies are not required to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. The main obligations in this Directive are obligations of means;
Amendment 791 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q a (new)
Article 3 – paragraph 1 – point q a (new)
(qa) ‘Severity’ means the scale, scope and irremediably character of the adverse impact, taking into account the gravity of the impact on the rights holder, the number of individuals that could be affected and the possibility of occurrence;
Amendment 794 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q b (new)
Article 3 – paragraph 1 – point q b (new)
(qb) ‘risk-based’ means proportionate to the likelihood and severity of potential adverse impacts;
Amendment 795 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q c (new)
Article 3 – paragraph 1 – point q c (new)
(qc) ‘risk factors’ means enterprise- level risk factors, geographic risk factors, and sectoral risk factors. The Commission shall prepare a list of risk factors with accompanying guidance as described in Article 13;
Amendment 796 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q d (new)
Article 3 – paragraph 1 – point q d (new)
(qd) ‘Group’ means a parent company and all its subsidiary undertakings as defined by Article 2 of the Directive 2013/34/EU of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and83/349/EE;
Amendment 802 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that companies conduct risk-based human rights and environmental due diligence as laid down in Articles 5 to 11 (‘due diligence’) by carrying out the following actions:
Amendment 804 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) identifying and prioritising actual or potential adverse impacts that they caused or contributed to or are directly linked to in accordance with Article 6;
Amendment 808 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) preventing andor mitigating potential adverse impacts that they caused or contributed to, and bringing actual adverse impacts to an end andhat they caused or contributed to an end or minimising their extent in accordance with Articles 7 and 8;
Amendment 812 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) establishing and maintaining a complaintsnotification procedure in accordance with Article 9;
Amendment 835 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that companies integrate due diligence into all their relevant corporate policies and have in place a due diligence policy. The due diligence policy shall contain all of the following:
Amendment 848 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including, where relevant, the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships;
Amendment 860 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the companies continuously update their due diligence policy annuallywhen significant changes occur.
Amendment 865 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Companies shall carry out a due diligence policy which is proportionate and commensurate to the likelihood and severity of their potential or actual adverse impacts and their specific circumstances and risk factors, particularly their sector and location of activity, the size and length of their supply chain, the size of the company, its capacity, resources and leverage.
Amendment 872 #
2022/0051(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Identifying and prioritising actual and potential adverse impacts
Amendment 876 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identifywithin their means to identify whether they cause or contribute to or are directly linked to actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, w in their business relationships. Where related to their valuesupply chains, from their established business relationships, in accordance with paragraph 2, 3 and 4companies shall assess adverse impacts arising from their direct business relationships located outside the EU that they cause or contribute to. In case of substantiated knowledge, companies shall assess adverse impacts arising from their indirect business relationships outside the EU that they are directly linked to, in accordance with paragraph 2, 3 and 4. In cases where an enterprise has structured a direct business relationship in an improper manner or has engaged in a transaction in order to circumvent the due diligence obligations with regard to the direct supplier, an indirect business relationship is deemed to be a direct business relationship.
Amendment 884 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Companies shall identify whether they cause, contribute to or are directly linked to actual and potential adverse human rights impacts and adverse environmental impacts based on a risk assessment and risk-based monitoring methodology, taking into account the likelihood, severity and urgency of adverse impacts, the nature and context of their operations, including sector and geographic location based on the Commission guidelines set out in Article 13. Companies only need to assess business relationships outside the EU and only where risk factors are likely.
Amendment 888 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. Where a company is not in a position to identify all potential or actual adverse impacts that it caused, contributed to or is directly linked to at the same time, it shall prioritise risk factors based on their severity. Risk assessments under this article shall take into account the perspective of stakeholders where relevant.
Amendment 891 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. If a company concludes that it does not cause, contribute to, or that it is not directly linked to any potential or actual adverse impact, it shall publish a statement to that effect on its website (in accordance with Art. 11) and shall thus be considered in compliance with the Directive. In particular, that company may conclude that it has encountered no adverse impacts on human rights or the environment if its impacts identification determines that its direct suppliers perform due diligence in line with this directive. That statement shall be reviewed in the event that new risks emerge or in the event of that company entering into new business relationships that can pose risks.
Amendment 892 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1 d (new)
Article 6 – paragraph 1 d (new)
1d. Companies are encouraged to take these measures in cooperation with industry initiatives.
Amendment 895 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 902 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 909 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying and prioritising the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaintsnotification procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations engage with potentially affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts.
Amendment 916 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. In the event that not all the necessary information regarding its supply chain is available, the parent company shall explain the efforts made to obtain the necessary information about its supply chain, the reasons why not all of the necessary information could be obtained, and its plans to obtain the necessary information in the future.
Amendment 925 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate proportionate and commensurate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmental impacts that have been, or shouldthey cause or contribute to and that have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article. Companies that are directly linked to potential adverse impacts without causing or contributing to them are required to make use of their leverage to the extent possible to mitigate adverse impacts.
Amendment 933 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. The prevention action plan shall be developed in consultationmeaningful engagement with affected stakeholders where relevant; companies are encouraged to develop their action plans in cooperation with industry initiatives;
Amendment 937 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
Amendment 940 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a b (new)
Article 7 – paragraph 2 – point a b (new)
(ab) Companies shall apply best efforts to develop and use purchase policies that do not encourage potential adverse impacts on human rights the environment.
Amendment 945 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seekmay seek, where appropriate, contractual or other assurances, from a business partner with whom it has a direct business relationship located outside the EU that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain ( and by requesting information on their suppliers if possible; Member States shall ensure that the general due diligence duty prevails over contractual cascading).surances; When such contractual assurances are obtained, paragraph 4 shall apply;
Amendment 956 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate supportfinancial and administrative support, especially for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME outside the EU;
Amendment 962 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) in compliance with Union law including competition law, collaborate with other entities, sectoral approaches or industry initiatives, including, where relevant, to increase the company’s ability to bring the adverse impact to an end, in particular where no other action is suitable or effective;
Amendment 972 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. As regards potential adverse impacts that could not be prevented or adequately mitigated by the measures in paragraph 2, the company that is directly linked to the adverse impact may seek to conclude a contract with a partner with whom it has an indirect relationship outside the EU that was identified in accordance with Article 6 due to substantiated knowledge of potential adverse impacts, with a view to achieving compliance with the company’s code of conduct or a prevention action plan. When such a contract is concluded, paragraph 4 shall apply.
Amendment 979 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Amendment 984 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
When contractual assurancesassurances, including contractual, are obtained from, or a contract is entered into, with an SME outside the EU, the terms used shall be fair, reasonable and non-discriminatory. Where measures are carried out to verify compliance are carried out in relation to SMEs, the company shall bearof assurances obtained from SMEs outside the EU, the cost of the independent third- party verification should be provided by public funds.
Amendment 990 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 1015 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 1019 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to bring actual adverse impacts that have been, or shouldproportionate and commensurate measures within their means to bring actual adverse impacts that they have caused or contributed to and that have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article. Companies that are directly linked to the actual adverse impact without causing or contributing to it are required to make use of their leverage to the extent possible to bring actual adverse impacts to an end.
Amendment 1027 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where the adverse impact cannot be brought to an end, Member States shall ensure that companies take measures within their means to minimise the extent of such an impact.
Amendment 1037 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate and commensurate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact, as well as to its resources and leverage;
Amendment 1045 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. Where relevant, tThe corrective action plan shall be developed in consultationthrough meaningful engagement with stakeholders;
Amendment 1047 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b a (new)
Article 8 – paragraph 3 – point b a (new)
(ba) set up a prioritisation strategy on the basis of Principle 17 of the UN Guiding Principles on Business and Human Rights based on risk factors. Companies shall consider the level of severity, likelihood and urgency of the different actual adverse impacts on human rights or the environment, the nature and context of their operations, including geographic, the scope of the risks, their scale and how irremediable they might be, and use the prioritisation policy in dealing with them. When prioritising their response to risks to human rights, companies shall treat the severity of an adverse impact, such as where a delayed response would make the impact irremediable, as the predominant factor.
Amendment 1052 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seekmay seek, where appropriate, contractual or other assurances from a direct partner with whom it has an established direct business relationship outside the EU that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain ( and by requesting information on their suppliers if possible. Member States shall ensure that the general due diligence duty prevails over contractual cascading)surances. When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 1057 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
(d) make necessary, where appropriate, investments, such as into management or production processes and infrastructures to comply with paragraphs 1, 2 and 3;
Amendment 1063 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
(e) provide targeted and proportionate supportfinancial and administrative support, especially for an SME with which the company has an established direct business relationship, where compliance with the code of conduct or the corrective action plan would jeopardise the viability of the SME outside the EU;
Amendment 1069 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point f
Article 8 – paragraph 3 – point f
(f) in compliance with Union law including competition law, collaborate with other entities, sectoral approaches or industry initiatives, including, where relevant, to increase the company’s ability to bring the adverse impact to an end, in particular where no other action is suitable or effective.
Amendment 1076 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. As regards actual adverse impacts that could not be brought to an end or adequately mitigated by the measures in paragraph 3, the company that is directly linked to the impact may seek to conclude a contract, where appropriate, with a partner with whom it has an indirect relationship outside the EU that was identified in accordance with Article 6 due to substantiated knowledge of actual adverse impacts, with a view to achieving compliance with the company’s code of conduct or a corrective action plan. When such a contract is concluded, paragraph 5 shall apply.
Amendment 1080 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
Amendment 1084 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
When contractual assurancesassurances, including contractual, are obtained from, or a contract is entered into, with an SMEother company, the terms used shall be fair, reasonable and non- discriminatory. Where measures to verify compliance are carried out in relation to SMEs, the company shall bear the cost of the independent third- party verification should be provided by public funds.
Amendment 1091 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that the company caused or contributed to and that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5 and despite repeated efforts, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the valuesupply chain of which the impact has arisen and shall, as a measure of last resort, where the law governing their relations so entitles them to, take one of the following actions and where the impact is considered extremely severe or irreversible, take the following actions, in line with responsible disengagement, taking into account the best interest of those impacted:
Amendment 1098 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b
Article 8 – paragraph 6 – subparagraph 1 – point b
(b) if suspension does not lead to a sufficient result, terminate the business relationship with respect to the activities concerned, if the adverse impact is consid. Member States shall provide for the availability of an option to terminate the business relationship in contracts governed severeby their laws.
Amendment 1118 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 1130 #
Amendment 1134 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints tonotify them where they have legitimate concernsinformation regarding actual or potential adverse human rights impacts and adverseand environmental impacts with respect to their own operations, the operations of their subsidiaries and their valuesupply chains. This can be done in cooperation with industry initiatives.
Amendment 1142 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Member States shall ensure that notification procedures are legitimate, accessible, predictable, equitable, transparent, rights compatible and a source of continuous learning based on engagement and dialogue.
Amendment 1154 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that the complaintnotifications may be submitted by:
Amendment 1164 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the valuesupply chain concerned,
Amendment 1171 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) civil society organisations active in the areas related to the valuesupply chain concerned.
Amendment 1177 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the companies establish a procedure for dealing with complaintnotifications referred to in paragraph 1, including a procedure when the company considers the complaintinformation to be unfounded, and inform the relevant workers and trade unions of those procedures. Member States shall ensure that where the complaintinformation is well- founded, the adverse impact that is the subject matter of the complaintnotification is deemed to be identified within the meaning of Article 6. This can be done in cooperation with industry initiatives.
Amendment 1183 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that complainants are entitledIn case the notification proves to be well founded, Member States shall ensure that informants are entitled to request appropriate follow-up on the notification from the company with which they have filed a notification pursuant to paragraph 1.
Amendment 1192 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
Amendment 1195 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
Amendment 1214 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodiccontinuous assessments of their own operations and measures, those of their subsidiaries and, where related to the valuesupply chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 monthscontinuously and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
Amendment 1223 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that companies that are not subject to reporting requirements under Articles 19a and 29a of Directive 2013/34/EU report on the matters covered by this Directive by publishing on their website an annual statement in a language customary in tone of the official languages of the Union. When sphere of international business. The statement shall be published by 30 April each year, covering the previous calendar yearignificant changes occur, the statement shall be updated.
Amendment 1230 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
The companies referred to in paragraph 1 may rely on the consolidated reporting of the group to which they belong in order to fulfil their reporting requirements under this Article.
Amendment 1238 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
The Commission shall adopt delegated acts in accordance with Article 14b and 28 concerning the content and criteria for such reporting under paragraph 1, specifying information on the description of due diligence, potential and actual adverse impacts and actions taken on those.
Amendment 1262 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or 1. to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and relevant stakeholders, including from third countries, the European Union Agency for Fundamental Rights, the European Environment Agency, the External Action Service, the European Innovation Council and Small and Medium-sized Enterprises Executive Agency (EISMEA) and where appropriate with the OECD and other international bodies having expertise in due diligence, may issue guidelines, including for specific sectors or specific adverse impacts. shall issue clear and easily understandable guidelines in the form of targeted guidance where applicable to facilitate compliance in a practical manner: (a) in digital, free of charge and easily accessible format; (b) including on existing digital solutions to be used for the due diligence process and on the development of digital solutions; (c) including on the implementation of the human rights and environmental standards applicable to businesses based on the OECD Guidelines for Multinational Enterprises as clarified in the Due Diligence Guidance as well as the UNGPs; (d) including lists of risk factors and accompanying guidance, including enterprise-level risk factors, geographic risk factors and sectoral risk factors; (e) including an overview on applicable industry initiatives; (f) including practical guidance on how proportionality and prioritisation, in terms of impacts, sectors and geographical areas, may be applied to due diligence obligations depending on the size and sector of the company; (g) including taking into account SMEs needs. 2. The guidelines shall be made available no later than ... [18 months after the date of entry into force of this Directive]. The Commission shall periodically review the relevance of its guidelines and adapt them to new best practices. 3. Country fact-sheets shall be updated regularly by the Commission and made publicly available in order to provide up-to-date information on the international Conventions and Treaties ratified by each of the Union’s trading partners. The Commission shall collect and publish trade and customs data on origins of raw materials, and intermediate and finished products, and publish information on human rights, environmental and governance potential or actual adverse impacts risks associated with certain countries or regions, sectors and sub-sectors, and products.
Amendment 1278 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission in cooperation with Member States shall, in order to provide information and support to companies and the partners with whom they have established business relationships in their valuesupply chains in their efforts to fulfil the obligations resulting from this Directive, set up and operate individually or jointly dedicated websites, platforms or portals. Specific consideration shall be given, in that respect, to the SMEs that are present in the valuesupply chains of companies.
Amendment 1282 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. The Commission in cooperation with Member States shall undertake efforts in order to provide information and support to stakeholders and their representatives to exercise their involvement in due diligence. This shall include setting up and operating individually or jointly dedicated websites, platforms or portals.
Amendment 1288 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Commission mayshall complement Member States’ support measures building on existing Union action to support due diligence in the Union and in third countries and may devise new measures, including facilitation of joint stakeholder initiatives to help companies fulfil their obligations.
Amendment 1290 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. The Commission may rely on its cooperation and trade instruments to support the development of the enabling environment in third countries, through capacity building and expertise that will reinforce their economic sector to comply with due diligence obligations as set out in this Directive.
Amendment 1299 #
2022/0051(COD)
4. Companies may rely on industry schemes and multi-stakeholder initiatives to support the implementation of their obligations referred to in Articles 5 to 11 of this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. The Commission and the Member States mayshall facilitate the dissemination of information on such schemes or initiatives and their outcome. The Commission, in collaboration with Member States, may and the OECD as well as relevant stakeholders, shall issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiativesinitiatives in line with Article 14c.
Amendment 1307 #
2022/0051(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Single Point of Contact 1. Each Member State shall designate a national single point of contact on corporate sustainability due diligence. Member States may assign this role to an existing authority. Where a Member State designates only one competent authority, that competent authority may also be the single point of contact. 2. Companies may seek additional guidance and obtain further support and information about how best to fulfil their due diligence obligations through this point of contact. 3. The single point of contact may also exercise a liaison function to ensure cross-border cooperation of Member State authorities and with the relevant authorities in other Member States via cooperation with the European Supervisory Network established in Article 21.
Amendment 1308 #
2022/0051(COD)
Proposal for a directive
Article 14 b (new)
Article 14 b (new)
Article 14b Single Reporting Tool The Commission shall establish a dedicated digital reporting portal serving as a one-stop-shop for companies to access free of charge all the templates and information relating to all reporting requirements stemming from this and other EU legislative instruments specific to a particular company based on its size, sector, product and service, risk exposure etc., as well as access to information on funding and tendering opportunities in order to implement, fulfil and profit from the due diligence obligations imposed on them. To this end, the Commission shall ensure that the platforms of data providing undertakings and data users are interconnected and that information can be transmitted, exchanged and analysed in a technically seamless manner.
Amendment 1309 #
2022/0051(COD)
Proposal for a directive
Article 14 c (new)
Article 14 c (new)
Amendment 1313 #
2022/0051(COD)
Proposal for a directive
Article 15
Article 15
Amendment 1344 #
2022/0051(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
As regards companies referred to in Article 2(2), the competent supervisory authority shall be that of the Member State in which the company has a branch. If the company does not have a branch in any Member State, or has branches located in different Member States, the competent supervisory authority shall be the supervisory authority of the Member State in which the company generated most of its net turnover in the Union in the financial year preceding the last financial year before the date indicated in Article 30 or the date on which the company first fulfils the criteria laid down in Article 2(2), whichever comes last or subsidiary.
Amendment 1400 #
2022/0051(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that natural and legal personsstakeholders as referred to in Article 9 para.2 are entitled to submit substantiated concerns to any supervisory authority when they have reasons to believe, on the basis of objective circumstances, that a company is failing to comply with the national provisions adopted pursuant to this Directive (‘substantiated concerns’)Articles 6 to 11 and Article 15(1) and (2) of this Directive (‘substantiated concerns’), if the notification procedure referred to in Article 9 did not have a satisfactory outcome.
Amendment 1417 #
Amendment 1419 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall lay down the rules on administrative sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive. At least the following administrative measures and sanctions shall be provided for: (a) a public statement indicating company responsible and the nature of the infringement; (b) an order requiring the company responsible to cease the conduct constituting the infringement and to desist from any repetition of that conduct; (c) administrative pecuniary sanctions.
Amendment 1430 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. In deciding whether to impose sanctions and, if so, in determining their nature and appropriate level, due account shall be taken of the legal framework applicable in the country where the adverse impact may occur or has occurred, the gravity and duration of the infringement, the importance of profits gained or losses avoided by the company, in so far as they can be determined the company’s efforts to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, any previous infringements, cumulative effects of the different measures and sanctions already imposed on the company as well as the collaboration with other entities to address adverse impacts in its valuesupply chains, as the case may be.; any other aggravating or mitigating factors applicable to the circumstances of the case;
Amendment 1462 #
2022/0051(COD)
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Supervisory authorities shall share relevant information with the single point of contact as a means of ensuring that the single point of contact has the necessary information to perform its tasks.
Amendment 1463 #
2022/0051(COD)
Proposal for a directive
Article 21 – paragraph 2 b (new)
Article 21 – paragraph 2 b (new)
2b. The ENSA shall also support the Commission in developing the Single- Reporting-Instrument.
Amendment 1476 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
(a) they intentionally or gross negligently failed to comply with the obligations laid down in Articles 7 and 8 and;
Amendment 1483 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure an actual adverse impact that they caused and that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damage.
Amendment 1495 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Amendment 1509 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 2
Article 22 – paragraph 2 – subparagraph 2
In the assessment of the existence and extent of liability under this paragraph, due account shall be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, as well as any collaboration with other entities to address adverse impacts in its valuesupply chains.
Amendment 1528 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The civil liability rules under this Directive shall be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
Amendment 1535 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Member States shall ensure that the liability provided for in provisions of national law transposing this Article is of overriding mandatory application in cases whmitation period for bringing civil liability claims concerning harm arising out of adverse the law applicable to claims to that effect is not the law of a Member Stateimpacts on human rights and the environment is five years.
Amendment 1551 #
2022/0051(COD)
Proposal for a directive
Article 24
Article 24
Amendment 1559 #
2022/0051(COD)
Proposal for a directive
Article 25
Article 25
Amendment 1571 #
2022/0051(COD)
Proposal for a directive
Article 26
Article 26
Amendment 1596 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
No later than … [OP please insert the date = 78 years after the date of entry into force of this Directive], the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive. The report shall evaluate the effectiveness of this Directive in reaching its objectives and assess the following issues:
Amendment 1598 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) whether the thresholds regarding the number of employees and net turnover laid down in Article 2(1) need to be loweredimpact of the Directive was justified and reached the targeted goals, including the associated indirect costs and the economic, social and environmental benefits thereof, including on SMEs;
Amendment 1600 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point a a (new)
Article 29 – paragraph 1 – point a a (new)
(aa) whether the thresholds regarding the number of employees and net turnover laid down in Article 2(1) need to be modified;
Amendment 1607 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
Amendment 1620 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by … [OJ to insert: 25 years from the entry into force of this Directive] at the latest, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 1622 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – introductory part
Article 30 – paragraph 1 – subparagraph 2 – introductory part
They shall apply those provisions as follows:from four years after national transposition as regards companies referred to in Article 2(1), point (a), and Article 2(2), point (a);
Amendment 1626 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point a
Article 30 – paragraph 1 – subparagraph 2 – point a
Amendment 1632 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point b
Article 30 – paragraph 1 – subparagraph 2 – point b
Amendment 1635 #
Amendment 127 #
2022/0047(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) This Regulation is without prejudice to Union and national legal acts providing for the protection of intellectual property rights, including Directive 2001/29/EC, Directive 2004/48/EC, and Directive (EU) 2019/790.
Amendment 133 #
2022/0047(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) In view of a better protection of trade secrets, this regulation should not be interpreted as giving a right to providers of related services or providers of cloud services to share data generated by the use of products and that are considered trade secrets, to data recipients without informing the manufacturer of such products. Such data holders should agree with the manufacturers the terms for making available that type of data.
Amendment 145 #
2022/0047(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28 a) As regards trade secrets, this Regulation should be interpreted in a manner that preserves the protection awarded to trade secrets under Directive (EU) 2016/943. For this reason, data holders are entitled to require that the user or third parties of the user’s choice take all necessary measures to ensure that confidentiality of data considered as trade secrets, including through technical means, is preserved.
Amendment 147 #
2022/0047(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) A third party to whom data is made available may be an enterprise, a research organisation or a not-for-profit organisation. In making the data available to the third party, neither the data holder nor the third party should not abuse its position to seek a competitive advantage in markets where the data holder and third party may be in direct competition. The data holderBoth parties should not therefore use any data generated by the use of the product or related service in order to derive insights about the economic situation of the othirder party or its assets or production methods or the use in any other way that could undermine the commercial position of the othirder party on the markets it is active on.
Amendment 151 #
2022/0047(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Given the current state of technology, it is overly burdensome to impose further design obligations in relation to products manufactured or designed and related services provided by micro and small enterprises. That is not the case, however, where a micro or small enterprise is sub-contracted to manufacture or design a product. In such situations, the enterprise, which has sub-contracted to the micro or small enterprise, is able to compensate the sub-contractor appropriately. A micro or small enterprise may nevertheless be subject to the requirements laid down by this Regulation as data holder, where it is not the manufacturer of the product or a provider of related services. In order to increase the participation of micro and small enterprises in the data economy, Member States should provide digital training and guidance to such enterprises.
Amendment 151 #
2022/0047(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) GThis Regulation does not prevent micro and small enterprises to participate in the data sharing practices, however given the current state of technology, it is overly burdensome to impose further design obligations in relation to products manufactured or designed and related services provided by micro and small enterprises. That is not the case, however, wWhere a micro or small enterprise is sub-contracted to manufacture or design a product. In such situations, the enterprise, which has sub-contracted to the micro or small enterprise, is able to compensate the sub- contractor appropriately. A micro or small enterprise may nevertheless be subject to the requirements laid down by this Regulation as data holder, where it is not the manufacturer of the product or a provider of related services. In order to increase the participation of micro and small enterprises in the data economy Member States should provide guidance to such enterprises.
Amendment 176 #
2022/0047(COD)
Proposal for a regulation
Recital 80
Recital 80
(80) To promote the interoperability of smart contracts in data sharing applications, it is necessary to lay down essential requirements for smart contracts for professionals who create smart contracts for others or integrate such smart contracts in applications that support the implementation of agreements for sharing data. Specific training programmes on smart contracts for businesses, in particular SMEs, should be provided. In order to facilitate the conformity of such smart contracts with those essential requirements, it is necessary to provide for a presumption of conformity for smart contracts that meet harmonised standards or parts thereof in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council.
Amendment 221 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) 'commercially sensitive information’ means any information or data that is strategic for a business or related to a right of intellectual property or a non disclosure agreement;
Amendment 252 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation negatively affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s), and which is determined according to the respective procedures under Union law;
Amendment 276 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. The user shall not deploy coercive means or abuse gaps in the technical infrastructure of the data holder designed to protect the data in order to obtain access to data.
Amendment 302 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary to fulfil the purpose agreed between the user and the third party and all specific necessary measures agreed, including technical and organisational measures, specified in the agreement between the data holder and the third party are taken by the third party prior to the disclosure to preserve the confidentiality of the trade secret. In such a case, the nature of the data as trade secrets and theThe data holder shall identify the data which are protected as trade secrets. When no agreement is reached regarding the necessary measures forto preservinge the confidentiality shall bof trade specified in the agreement between the data holder and the third partyrets or the third party fails to implement those measures, the data holder is entitled to refuse the third party’s access to data which are protected as trade secrets.
Amendment 365 #
2022/0047(COD)
Proposal for a regulation
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. When a data holder is the provider of related services, it shall inform, without undue delay, the manufacturer of the product before making data, which are considered trade secrets, available to data recipients. The terms for making those data available shall be agreed with the manufacturer.
Amendment 369 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) where the data request is limited in time and scope and necessary to prevent an imminent public emergency or to assist the recovery from a public emergency, and alternative means to obtain such data are either unavailable or would be inappropriate;
Amendment 382 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point e
Article 17 – paragraph 1 – point e
(e) specify an appropriathe deadline by which the data are to be made available or within which the data holder may request the public sector body, Union institution, agency or body to modify or withdraw the request.
Amendment 391 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 a (new)
Article 17 – paragraph 4 – subparagraph 1 a (new)
Those third parties shall not use the data they receive from a public sector body or a Union institution, agency or body under this paragraph to develop a product or a service that competes with the product or service of the data holder from whom the data was received, nor share the data with another third party for that purpose.
Amendment 394 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 2
Article 17 – paragraph 4 – subparagraph 2
Where a public sector body or a Union institution, agency or body transmits or makes data available under this paragraph, it shall notify without undue delay the data holder from whom the data was received.
Amendment 409 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1 (new)
Article 19 – paragraph 2 – subparagraph 1 (new)
Where a public sector body or a Union institution, agency or body transmits or makes data available to third parties pursuant to Article 17 (4), trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary for the third party to perform the tasks that have been outsourced to it and provided that all specific necessary measures, including technical and organisational measures, agreed between the data holder and the third party are taken by the third party to preserve the confidentiality of the trade secret.
Amendment 410 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2 a. The data holder shall identify the data which are protected as trade secrets. When no agreement is reached regarding the necessary measures to preserve the confidentiality of trade secrets or those measures are not implemented, the data holder is entitled to refuse access to data which are protected as trade secrets.
Amendment 415 #
2022/0047(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. DFor making data made available to respond to a public emergency pursuant to Article 15, point (a), shall be provided free of chargethe data holder is entitled to claim a compensation, which shall not exceed the technical and organisational costs incurred to comply with the request.
Amendment 417 #
2022/0047(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Where tThe data holder claims compensshall be entitled to a fair remuneration for making data available in compliance with a request made pursuant to Article 15, points (b) or (c), s. Such compensation shall not exceedat the least cover the technical and organisational costs incurred to comply with the request including, where necessary, the costs of anonymisation and of technical adaptation, plus a reasonable margin. Upon request of the public sector body or the Union institution, agency or body requesting the data, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.
Amendment 444 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 2 a (new)
Article 17 – paragraph 4 – subparagraph 2 a (new)
Any third party is forbidden to use the data it receives from a public sector body or a Union institution, agency or body, to develop a product or a service that competes with the product or service from which the accessed data originate or share the data with another third party for that purpose.
Amendment 525 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service, with the exception of data used by the provider to operate, maintain, or improve the service. Providers shall not be required to disclose their own or third parties’ intellectual property, trade secrets or commercially sensitive information;
Amendment 297 #
2022/0039(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. At least 40% of the whole budget shall be allocated to SMEs in order to boost innovation and intensify cooperation in the market.
Amendment 121 #
2022/0032(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Semiconductors are at the core of any digital device and the Union's digital transition: from smartphones and cars, through critical applications and infrastructures in health, energy, communications and automation to most other industry sectors. While semiconductors are essential to the functioning of our modern economy, security and society, the Union has witnessed unprecedented disruptions in their supply. The current supply shortage is a symptom of permanent and serious structural defici, the consequencies in the Union’s semiconductor value and supply chainof which are significant. The disruptions have exposed long-lasting vulnerabilities in this respect, notably a strong third-country dependency in manufacturing and design of chips. Therefore, action is needed to address existing and potential structural deficiencies in the semiconductor ecosystem and supply chain.
Amendment 132 #
2022/0032(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) A framework for increasing the Union’s resilience in the field of semiconductor technologies should be established, stimulating investment, strengthening the capabilities, security, adaptability and resilience of the Union’s semiconductor supply chain, and increasing cooperation among the Member States and, the Commission, and international partners.
Amendment 138 #
2022/0032(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This framework pursues two objectives. The first objective is to ensure the conditions necessary for the competitiveness and innovation capacity of the Union and to ensure the adjustment of the industry to structural changessemiconductor ecosystem can adapt at pace due to fast innovation cycles and the need for sustainability. The second objective, separate and complementary to the first one, is to improve the functioning of the internal market by laying down a uniform Union legal framework for increasing the Union’s resilience, and ability to innovate and provide security of supply in the field of semiconductor technologies.
Amendment 143 #
2022/0032(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to take measures to build capacity and strengthen the Union’s semiconductor sector in line with Article 173(3) of the Treaty. These measures do not entail the harmonisation of national laws and regulations. In this regard, the Union should reinforce the competitiveness and resilience of the semiconductor technological and industrial base, whilst strengthening the innovation capacity of its semiconductor sector, reducing dependence on a limited number of third country companies and geographies, while deepening coordination and cooperation in key areas among international partners, and strengthening its capacity to design and produce advanced components. The Chips for Europe Initiative (the ‘Initiative’) should support these aims by bridging the gap between Europe’s advanced research and innovation capabilities and their sustainable industrial exploitation. It should promote capacity building to enable design, production and systems integration in next generation semiconductor technologies, enhance collaboration among key players across the Union, strengthening Europe's semiconductor supply and value chains, serving key industrial sectors and creating new markets.
Amendment 156 #
2022/0032(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The achievement of these objectives will be supported by a governance mechanism. At Union level, this Regulation establishes a European Semiconductor Board, composed of representatives of the Member States and industry, and chaired by the Commission. The European Semiconductor Board will provide advice to and assist the Commission on specific questions, including the consistent application of this Regulation, facilitating cooperation among Member States and industry stakeholders, and exchanging information on issues relating to this Regulation. The European Semiconductor Board should hold separate meetings for its tasks under the different chapters of this Regulation. The different meetings may include different compositions of the high-level representatives and the Commission may establish subgroups.
Amendment 168 #
2022/0032(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Member States are primarily responsible for sustaining a strong Union industrial, competitive, sustainable and innovative base. However, the nature and scale of the innovation challenge inimportance, scale, complexity, and cross-border nature of the semiconductor sector requires action to be taken collaboratively at Union level.
Amendment 181 #
2022/0032(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) The Commission should provide clear guidelines in the form of a specific Chips Fund Work Programme. It should include guidance on admissibility and eligibility, clear deadlines, the criteria for financial operational capacity and exclusion, information on mandatory documents to be provided, the evaluation procedures, and guidance on preparing the applications. Information on the structure, budget and political priorities of the Chips Fund should also be included. The Commission should also provide guidance on procedures to register and submit applications online via a specific and dedicated EU Chips Fund Portal.
Amendment 182 #
2022/0032(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) The Chips Fund activities should support the development of a dynamic and resilient semiconductor ecosystem. It should provide opportunities for increased availability of funds to support the growth of start-ups and SMEs as well as investment across the entire value chain. The European Innovation Council should provide further dedicated support through grants and equity investments to high- risk, market-creating innovators. Support and guidance should be provided, in particular, to SMEs on how to access public and private investment, including venture capital, with an aim of speeding up not only access, but also the application and approval process.
Amendment 183 #
2022/0032(COD)
Proposal for a regulation
Recital 12 c (new)
Recital 12 c (new)
(12 c) The Commission should provide clear and readily available guidelines on the terms and conditions for the development of, and third party access to pilot lines, as well as the compatibility and accessibility of the Union virtual design platforms.
Amendment 184 #
2022/0032(COD)
Proposal for a regulation
Recital 12 d (new)
Recital 12 d (new)
(12 d) Given the importance of collaboration with third parties in the area of R&D&I, the European Semiconductor Board and the Commission should establish clear and readily available guidelines on access modes, software and hardware for their participation in projects within the scope of this Regulation. Within the structures of the European Semiconductor Board, the EU-US Trade and Technology Council and other Union agreements and strategies with third countries, guidance should be provided to overcome existing obstacles to international cooperation in the field of R&D&I.
Amendment 186 #
2022/0032(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to overcome the limitations of the current fragmented public and private investments efforts, facilitate integration, cross-fertilisation, and return on investment on the ongoing programmes and to pursue a common strategic Union vision on semiconductors as a means to realising the ambition of the Union and of its Member States to ensure a leading role in the digital economy, the Chips for Europe Initiative should facilitate better coordination and closer synergies between the existing funding programmes at Union and national levels, better coordination and collaboration with industry and key private sector stakeholders and additional joint investments with Member States. The implementation set up of the Initiative is built to pool resources from the Union, Member States and third countries associated with the existing Union Programmes, as well as the private sector. The success of the Initiative can therefore only be built on a collective effort by Member States, with the Union, to support both the significant capital costs and the wide availability of virtual design, testing and piloting resources and diffusion of knowledge, skills and competences. Where appropriate, in view of the specificities of the actions concerned, the objectives of the Initiative, specifically the ‘Chips Fund’ activities, should also be supported through a blending facility under the InvestEU Fund. The new concepts and ambitions of this Regulation should be supported with significant new financial provisions for the design, experimentation, manufacturing, packaging, and testing of advanced and evolving existing technologies and products within the Union's semiconductor ecosystem.
Amendment 187 #
2022/0032(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Support from the Initiative should be used to address market failures or sub- optimal investment situations as a consequence of the high capital intensity, high risk, and complex landscape of the semiconductor ecosystem in a proportionate manner, and actions should not duplicate or crowd out private financing or distort competition in the internal market. Actions should have a clear added value for the Union.
Amendment 195 #
2022/0032(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to encourage the establishment of the necessary manufacturing and related design capabilities, and thereby ensure the security of supply in the Union, public support may be appropriate. In that respect, it is necessary to set out the criteria for facilitating the implementation of specific projects that contribute to achieving the objectives of this Regulation and distinguish between two types of facilities, namely: Integrated Production Facilities and Open EU Foundries. Public support should be in line with the Commission Communication on a competition policy fit for new challenges, taking note of the exceptional situation as regard semiconductors. Public support should be subject to strong competition safeguards, and ensure the benefits are shared widely across the Union economy.
Amendment 205 #
2022/0032(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Integrated Production Facilities and Open EU Foundries should provide semiconductor manufacturing capabilities that are “first-of-a-kind” in the Union and contribute to the security of supply and to a resilient ecosystem in the internal market. The qualifying factor for the production of a first-of-a-kind facility could be with regard to the technology node, substrate material, such as silicon carbide and gallium nitride, and other product innovation that can offer better performance, process technology or energy and environmental performance. A facility of a comparable capability on an industrial scale should not yet substantively be present or committed to be built within the Union, excluding facilities for research and development or small-scale production sitesse should be projects that are highly ambitious and innovative, aimed at developing technologies and processes that go beyond current technology or that will allow major improvements in performance, process, energy consumption, safety, and environmental impact. The project should contribute to a common objective, by enabling security of supply for the future of the Union's semiconductor industry, and where relevant, the security of the global semiconductor supply chain.
Amendment 222 #
2022/0032(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In light of their importance for ensuring the security of supply and enabling a resilient semiconductor ecosystem, Integrated Production Facilities and Open EU Foundries should be considered to be in the Union's economic, security, and public interest. Ensuring the security of supply of semiconductors is important also for digitalisation that enables the green transition of many other sectors. To contribute towards security of supply of semiconductors in the Union, Member States may apply support schemes and provide for administrative support in national permit granting procedures. This is without prejudice to the competence of the Commission in the field of State aid under Article 107 and 108 of the Treaty, where relevant. Member States should support the set-up of Integrated Production Facilities and Open EU Foundries in accordance with Union law.
Amendment 232 #
2022/0032(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In light of this, the Commission, in consultation with the European Semiconductor Board, should prepare the ground for a certification of green, trusted and secure chips and embedded systems that rely on or make extensive use of semiconductor technologies. In particular, they should discuss and identify the relevant sectors and products in need of such certification. The scheme should be self-certifying and in line with international standards. After 24 months the viability for a mandatory system of certification should be evaluated.
Amendment 248 #
2022/0032(COD)
Proposal for a regulation
Recital 32 b (new)
Recital 32 b (new)
(32 b) The European Semiconductor Board should seek to examine other market forces and events central to the operation of the semiconductor industry, such as energy prices and energy shortages. Where appropriate and in coordination with the Commission, recommendations for remedying the situation should be provided.
Amendment 250 #
2022/0032(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to carry out these monitoring activities, the competent authorities of Member States may need certain information, which may not be publicly accessible, such as information on the role of an individual undertaking along the semiconductor value chain. In those limited circumstances in which it is necessary and proportionate for the purpose of carrying out the monitoring activities, the competent authorities of Member States should be able to request this information from the undertaking in question. Where relevant, such information should be treated with strict confidentiality and in accordance with an established and clear set of guidelines, in order to protect sensitive business, economic and security related information.
Amendment 267 #
2022/0032(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to forecast and prepare for future disruptions of the different stages of the semiconductor value chain in the Union, the Commission should, assisted by the European Semiconductor Board, identify and establish early warning indicators in the Union risk assessment. Such indicators could include the availability of raw materials, intermediate products and human capital needed for manufacturing semiconductors, or appropriate manufacturing equipment, the forecasted demand for semiconductors on the Union and global markets, price surges exceeding normal price fluctuation, the effect of accidents, attacks, natural disasters or other serious events, the effect of trade policies, tariffs, export restrictions, trade barriers and other trade related measures, and the effect of business closures, de-localisations or acquisitions of key market actors. Member States should monitor these early warning indicators. Industry stakeholders should be encouraged to do the same. The European Semiconductor Board and the Commission should establish mechanisms to provide guidance to industry on monitoring and reporting, in particular for start-ups and SMEs.
Amendment 273 #
2022/0032(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The semiconductor crisis stage should be triggered in the presence of concrete, serious, and reliable evidence of such a crisis. A semiconductor crisis occurs in case of seriousf there is a serious and extraordinary disruptions to the supply of semiconductors, leading to a significant shortages which entail significant delays and negative effects on one or more important economic sectors in the Union, either directly or through ripple effects of the shortage, given that the Union’s industrial sectors represent a strong user base of semiconductors. Alternatively or in addition, a semiconductor crisis also occurs when serious disruptions of the supply of semiconductors lead to significant shortages which prevent the supply, repair and maintenance of essential products used by critical sectors, for instance medical and diagnostic equipment. of products or services, which poses a serious and immediate threat to the functioning, health, economy, and security and defence of the Member States and Union citizens;
Amendment 292 #
2022/0032(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) A number of sectors are critical for the proper functioning of the internal market. Those critical sectors are the sectors listed in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities61 . For the purposes of this Regulation, defence and other activities that are relevant for public safety and security shouldmay be additionally considered as a critical sectors. Certain measures should only be enacted fur the purpose of securing supply to critical sectors. The Commission may limit the emergency measures to certain of these sectors or to certain parts of them when the semiconductor crisis has disturbed or is threatening to disturb their operation. _________________ 61 COM(2020) 829. 16.12.2020Those critical sectors should be defined by the Commission in cooperation with the European Semiconductor Board.
Amendment 298 #
2022/0032(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The purpose of requests for information from undertakings along the semiconductor supply chain established in the Union in the crisis stage is an in-depth assessment of the semiconductor crisis in order to identify potential mitigation or emergency measures at Union or national level. Such information may include production capability, production capacity and current primary disruptions and bottlenecks. These aspects could include the typical and current actual stock of crisis-relevant products in its production facilities located in the Union and third country facilities which it operates or contracts or purchases supply from; the typical and current actual average lead time for the most common products produced; the expected production output for the following three months for each Union production facility; reasons that prevent the filling of production capacity; or other existing data necessary to assess the nature of the semiconductor crisis or potential mitigation or emergency measures at national or Union level. Any request should be proportionate, have regard for the legitimate aims of the undertaking and the cost and effort required to make the data available, as well as set out appropriate time limits for providing the requested information. Undertakings should be obliged to comply with the request and may be subject to penalties if they fail to comply or provide incorrect information. Any information acquired should be subject to confidentiality rules. Should an undertaking be subject to a request for information related to its semiconductor activities from a third country, it should inform the Commission so to enable an assessment whether an information request by the Commission is warranted.
Amendment 303 #
2022/0032(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure that critical sectors can continue to operate in a time of crisis and when necessary and proportionate for this purpose, Integrated Production Facilities and Open EU Foundries could be obliged by the Commission to accept and prioritise orders of crisis-relevant products. This obligation may also be extended to semiconductor manufacturing facilities which have accepted such possibility in the context of receiving public support. The decision on a priority rated order should be taken in accordance with all applicable Union legal obligations and in consultation with the European Semiconductor Board and following a crisis assessment report, having regard to the circumstances of the case. The priority rating obligation should take precedence over any performance obligation under private or public law while it should have regard for the legitimate aims of the undertakings and the cost and effort required for any change in production sequence. Undertakings may be subject to penalties if they fail to comply with the obligation for priority rated orders.
Amendment 306 #
2022/0032(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The undertaking concerned should be obliged to accept and prioritise a priority rated order. In exceptional and duly justified cases, the undertaking could request the Commission to review the imposed obligation. This applies either where the facility is unable to fulfil the order even if prioritised, be it due to insufficient production capability or production capacity, or because this would place an unreasonable economic burden and entail particular hardship on the facility, be technically unfeasible and not possible to enact in a time sensitive manner, or have a negative impact on the wider semiconductor supply chain.
Amendment 309 #
2022/0032(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Under the exceptional circumstance that an undertaking operating along the semiconductor supply chain in the Union receives a priority rated order request from a third country, it should inform the Commission of this request, so as to inform an assessment of whether, if there is a significant impact on the security of supply to critical sectors, and the other requirements of necessity, proportionality and legality are satisfied in the circumstances of the case, the Commission should likewise enact a priority rated order obligation.
Amendment 314 #
2022/0032(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) When the crisis stage is activated, two or more Member States couldmay mandate the Commission to aggregate demand and act on their behalf for their public procurement in the public interest, in accordance with existing Union rules and procedures, leveraging its purchasing power. The mandate couldmay authorise the Commission to enter into agreements concerning the purchase of crisis-relevant products for certain critical sectors. The Commission should assess for each request the utility, necessity and proportionality, and relevance and importance for the Union, in consultation with the Board. Where it intends to not follow the request, it should inform the concerned Member States and the Board and give its reasons. Furthermore, the participating Member States should be entitled to appoint representatives to provide guidance and advice during the procurement procedures and in the negotiation of the purchasing agreements. The deployment and use of purchased products should remain within the remit of the participating Member States.
Amendment 319 #
2022/0032(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) During a semiconductor shortage crisis, it might become necessary and proportionate that the Union considers protective measures. The European Semiconductor Board may express its views to inform the Commission’s assessment of whether the market situation amounts to a significant shortage of essential products pursuant to Regulation (EU) 2015/479.
Amendment 320 #
2022/0032(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In order to facilitate a smooth, effective and harmonised implementation of this Regulation, cooperation and the exchange of information, the European Semiconductor Board should be established. The European Semiconductor Board should provide advice to and assist the Commission on specific questions. These s and provide a forum for Member States and industry stakehould include providingers from across the Union to coordinate and cooperate in the monitoring and development of the Union's semiconductor ecosystem. The European Semiconductor Board should provide advice on the Chips for Europe Initiative to the Public Authorities Board of the Chips Joint Undertaking; exchanging information on the functioning of the Integrated Production Facilities and Open EU Foundries; discussing and preparing the identification of specific sectors and technologies with potential high social impact and respective security significance in need of certification for trusted products and addressing coordinated monitoring and crisis response. Furthermore, the European Semiconductor Board should ensure the consistent application of this Regulation, facilitate cooperation between Member States as well as exchange of information on issues relating to this Regulation. The European Semiconductor Board should support the Commission in international cooperation in line with international obligations, including in information gathering, dialogue, and crisis assessment. In addition, the European Semiconductor Board should coordinate, cooperate and exchange information with other Union crisis response and crisis preparedness structures with a view to ensure a coherent and coordinated Union approach as regards crisis response and crisis preparedness measures for semiconductor crises.
Amendment 326 #
2022/0032(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) In order to ensure trustful and constructive cooperation of competent authorities at Union and national level, all parties involved in the application of this Regulation should strictly respect the confidentiality of information and data obtained in carrying out their tasks. The Commission and the national competent authorities, their officials, servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the Member States should not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. This should also apply to the European Semiconductor Board and the Semiconductor Committee established in this Regulation. Where appropriate, the Commission should be able to adopt implementing acts to specify the practical arrangements for the treatment of confidential information in the context of information gathering. Any breach of this confidentiality should result in a full investigation by the Commission, and if and where necessary, the Commission should revise the practical arrangements and guidance for the treatment of confidential information.
Amendment 350 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘first-of-a-kind facility’ means an industrial facility capable of contributing to the semiconductor manufacturing ecosystem, including front-end or back- end, or both, that is not substantively already present or committed to be built within the Union, for instance with regard to the technology node, substrate material, such as silicon carbide and gallium nitride, and other product innovation that can offer better performance, process innovation or energy and environmental performanceand ambitious and innovative as well as aimed at developing technologies and processes that go beyond current technology or that will allow major improvements in performance, process, energy consumption, safety, and environmental impact, and capable of contributing to a common objective, by enabling security of supply for the future of the Union's semiconductor industry, and where relevant, the security of the global semiconductor supply chain.;
Amendment 381 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘crisis-relevant product’ means semiconductors, intermediate products and raw materials required to produce semiconductors or intermediate products, that are affected by the semiconductor crisis or of strategic importance to remedy the semiconductor crisis or economic effects thereofproducts and services within the semiconductor supply chain, that are in line with Directive of the European Parliament and of the Council on the resilience of critical entities;
Amendment 387 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
(17 a) ‘crisis’ means a serious and extraordinary disruption to the supply of semiconductors, leading to a significant shortage of products or services, which poses a serious and immediate threat to the functioning, health, economy, and security and defence of the Member States and Union citizens;
Amendment 398 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The general objective of the Initiative is to support large-scale technological capacity building and innovation throughout the Union and to enable development and deployment of cutting- edge and next generation semiconductor and quantum technologies thatand the development and innovation of established technologies. Such measures will reinforce the Union advanced design, systems integration and chips production capabilities, as well as contribute to the achievement of the twin digital and green transition and a thriving economy.
Amendment 417 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b – point 2
Article 4 – paragraph 2 – point b – point 2
(2) supporting large scale innovation through access to new or existing pilot lines for experimentation, test, and validation of new and evolving existing design concepts integrating key functionalities, such as novel materials and architectures for power electronics fostering sustainable energy and electro mobility, lower energy consumption, security, higher levels of computing performance or integrating breakthrough technologies s. Such as neuromorphic and embedded artificial intelligence (AI) chips, integrated photonics, graphene and other 2D material based technologies;
Amendment 424 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) building advanced technology and engineering capacities for accelerating the innovativon, such as the development of quantum chips.
Amendment 425 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point 2
Article 4 – paragraph 2 – point d – point 2
(2) address the skills shortage, attracting and mobilising new talent and supporting the emergence of a suitably skilled workforce for strengthening the semiconductor sector, including via reskilling and upskilling of workers, and increasing programmes for attracting third-country talent through initiatives such as the 'EU Talent Pool' and the European Skills Agenda. The Union shall also seek to streamline market tests in the semiconductor ecosystem to better facilitate attracting and developing skills of the future to realise the objectives of this Regulation; with an emphasis on support for academic, reskilling programmes and qualification, up to PhD level in the area of STEM (Science, Technology, Engineering, and Mathematics), and computer science.
Amendment 433 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e – point 1
Article 4 – paragraph 2 – point e – point 1
(1) improving the leverage effect of the Union budget spending and achieving a higher multiplier effect in terms of attracting private-sector financing; in this regard clear guidance and access points shall be provided in order to assist start- ups and SMEs in accessing public and private funds.
Amendment 435 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e – point 3
Article 4 – paragraph 2 – point e – point 3
(3) accelerating and improving accessibility to investment in the field of semiconductor manufacturing technologies and chip design and to leveraging funding from both the public and the private sectors, while increasing the security of supply for the whole semiconductor value chain.
Amendment 439 #
2022/0032(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) advanced technology and engineering capacities for leading edge semiconductors; for example quantum chips;
Amendment 454 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 4 – point d
Article 7 – paragraph 4 – point d
(d) the appropriate financial and technical viability corresponding to the level of Union funds it will be called upon to manage and demonstrated, where appropriate, through guarantees issued preferably by a public authority;
Amendment 463 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. The ECIC shall have substantial overall autonomhority to lay down its membership, governance, funding, budget and the modalities by which the respective financial contributions from the members are called upon, voting rights and working methods. However, the organisation, composition and working methods of the ECIC, including any amendments to the Statutes, shall be in accordance with and contribute to the aims and objectives of this Regulation and the Chips for Europe Initiative and shall be notified to the Commission.
Amendment 465 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
9. The ECIC shall produce an annual activity report, containing a technical description of its activities and financial statement. The annual activity report shall be transmitted to the Commission and made publicly available. The Commission may provide recommendations regarding the matters covered in the annual activity report. The Commission shall make this report available to the European Parliament.
Amendment 466 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purpose of implementing actions under the Initiative’s component referred to in Article 5, point (d), a European network of competence centres in semiconductors (the ‘network’) mayshall be established.
Amendment 476 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall designate candidate competence centres in accordance with its national procedures, administrative and institutional structures through an open and competitive process. The Commission shall, provide a clear set of guidelines as to the procedures for selecting competence centres. The Commission shall by means of implementing acts, set the procedure for establishing competence centres, including selection criteria, and further tasks and functions of the centres with respect to the implementation of the actions under the Initiative, the procedure for establishing the network as well to adopt decisions on the selection of entities forming the network. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2).
Amendment 480 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The network shall have substantial overall autonomhority to lay down its organisation, composition and working methods. However, the organisation, composition and working methods of the network shall be in accordance with and contribute to the aims and objectives of this Regulation and the Initiative.
Amendment 494 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) its establishment and operation have a clear positive impact on the efficacy of the Union’s semiconductor value chain with regard to ensuring the security of supply and increasing qualifi, efficiency, adaptability, and stability of supply and increasing the pool of a qualified and skilled workforce;
Amendment 504 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) it commits to invest in the next generation of chips, in projects that are highly ambitious, aimed at developing technologies and processes that go beyond current technology and will allow for major improvements in performance, safety, security, and environmental impact in line with the needs and aims of the Union's digital and green transformation; giving due consideration to ongoing and planned R&D&I activities and projects.
Amendment 513 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. For the purpose of investfulfilling in the next generation of chips according toobjectives in paragraph 2, point (d), the Integrated Production Facility shall have priority access to the pilot lines set up in accordance with Article 5, point (b). Any such priority access shall be without prejudice to effective access to the pilot lines by other interested undertakings.
Amendment 524 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) its establishment and operation have a clear positive impact onand efficacy of the Union’s semiconductor value chain with regard to ensuring the security of supply and increasing qualified workforce, taking into account in particular the extent to which , efficiency, adaptability, and stability offers front-end or back-end, or both, production capacity to undertakings not related to the facility, if there is sufficient demand supply and increasing the pool of a qualified and skilled workforce;
Amendment 535 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) it commits to invest in the next generation of chips and in projects that are highly ambitious, aim to develop technologies and processes that go beyond current technology and will allow major improvements in performance, safety, security and environmental impact in line with the ongoing and planned R&D&I activities and projects.
Amendment 549 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) a business plan evaluating the financial and technical viability of the project, including information on any planned public support;. All data and documentation submitted as part of this application shall be carefully protected in accordance with the rules reflected in this regulation, and which reflects the sensitive business, economic, and security related information contained.
Amendment 553 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d
Article 12 – paragraph 2 – subparagraph 1 – point d
(d) provision of an appropriate supporting document proving the readiness of the Member State or Member States where the applicant intends to establish its facility to facilitate the set-up of such a facility. The Commission shall provide clear guidelines on the information required and its relevant format, in order to provide uniformity of applications and assessment.
Amendment 560 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
The Commission shall process the application and adopt its decision within a timely mannerset time period and notify the applicant thereof.
Amendment 561 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The Commission shall regularly monitor the activities of the Integrated Production Facilities and the Open EU Foundries. Where the Commission finds that a facility no longer fulfils the criteria set out in Articles 10(2) or in Article 11(2) respectively, it shall notify the findings to the European Semiconductor Board. After consultingThe Commission shall produce a change in circumstance assessment in consultation with the European Semiconductor Board and; after hearing from the facility. Depending upon the outcome of the assessment and the hearing, the Commission may repeal the decision granting a facility the status of Integrated Production Facility or Open EU Foundry. The facility shall be notified at the earliest possible stage that such a decision is being considered.
Amendment 563 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The Commission may, after consulting the European Semiconductor Board, repeal a decision recognising the status of an Integrated Production Facility or an Open EU Foundry if the recognition was based on an application containing incorrect information. that was intentional or showed bad faith, which fundamentally affects the premise of fulfilling the eligibility to access its status as an Integrated Production Facility or an Open EU Foundry, and in which the facility has failed to remedy the situation, or is unable to remedy the situation.
Amendment 564 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 5 a (new)
Article 12 – paragraph 5 a (new)
5 a. Stresses that it is essential for undertakings to have business certainty and continuity in order to operate. Therefore, undertakings shall have the right to appeal the decision to withdraw status within an agreed deadline set by the European Semiconductor Board and the Commission. In the event of a decision being appealed by an undertaking, the original assessment and any additional findings shall be examined. If the decision to withdrawal status is disputed within the European Semiconductor Board, the Board shall hold a vote in order to confirm the final decision and continue with the repeal of the existing Integrated Production Facility or Open EU Foundry status. In the event the decision is confirmed, a managed and phased end to such relationship shall be agreed and enacted.
Amendment 568 #
2022/0032(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Integrated Production Facilities and Open EU Foundries shall be considered to contribute to the security, efficiency, adaptability and stability of supply of semiconductors in the Union and therefore to be in the public interest.
Amendment 572 #
2022/0032(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. In order to reach security, efficiency, adaptability and stability of supply in the Union, Member States may, without prejudice to Articles 107 and 108 of the Treaty, apply support schemes and provide for administrative support to Integrated Production Facilities and Open EU Foundries in accordance with Article 14.
Amendment 575 #
2022/0032(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. The Commission shall provide clear and transparent guidance on how the funding gap is assessed, including the information required to ensure uniform assessment for applications.
Amendment 580 #
2022/0032(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that administrative applications related to the planning, construction and operation of Integrated Production Facilities and Open EU Foundries are processed in an efficient, transparent, and timely manner. To that end, all national authorities concerned shall ensure that the most rapid treatment legally possible is given to these applications.
Amendment 583 #
2022/0032(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. Through the European Semiconductor Board and in cooperation with the Commission, Member States shall seek to establish recommendations to establish minimum restrictions by public authorities at a national level, in order to encourage faster permitting processes, create a uniform process and standard across Member States, and to reduce fragmentation across the Union.
Amendment 587 #
2022/0032(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The security of supply of semiconductors may be considered an imperative reason of overriding public interest withinis of key public interest, therefore, full consideration shall be given with regard to the planning, construction and operation of Integrated Production Facilities and Open EU Foundries and the necessity to override the meaning of Article 6(4) and Article 16(1)(c) of Directive 92/43/EEC and of overriding public interest within the meaning of Article 4(7) of Directive 2000/60. Therefore, the planning, construction and operation of Integrated Production Facilities and Open EU Foundries may be considered of overriding public interest, provided that the remaining other conditions set out in these provisions are fulfilled. Nonetheless, this Regulation must fulfil the objectives of a sustainable digital and green transition.
Amendment 593 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – introductory part
Article 15 – paragraph 1 – subparagraph 1 – introductory part
To ensure a secure, efficient, agile and stable Union-wide semiconductor ecosystem, supply chain monitoring must be a key objective of this Regulation and the role of the European Semiconductor Board. Member States shall carry out regular monitoring of the semiconductor value chain. In particular, they shall:
Amendment 604 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Member States and industry representatives shall provide relevant findings to the European Semiconductor Board in the form of regular updates. Their regularity shall be reviewed during crisis situations.
Amendment 611 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
Amendment 612 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. National competent authorities designated pursuant to Article 26(1) may request through the structures of the European Semiconductor Board, information from representative organisations of undertakings or individual undertakings operating along the semiconductor supply chain where necessary and proportionate for the purpose of paragraph 1. National competent authorities in such case will pay particular attention to SMEs to minimise administrative burden resulting from the request and will privilege digital solutions for obtaining such information. Any information obtained pursuant to this paragraph shall be treated in compliance with the confidentiality obligations set out in Article 27. This information shall be provided through the single point of contact established by the Commission.
Amendment 617 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. The Commission shall produce an annual report in cooperation with the European Semiconductor Board in order to assess the regularity of information requests, the type and volume of information being requested, in particular from SMEs. It shall identify if necessary, the need to further streamline processes and provide further support in navigating information requests in the context of this Regulation.
Amendment 623 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. National competent authorities designated pursuant to Article 26(1) shall map undertakings operating along the semiconductor supply chain in their national territory, including non- confidential information on the services or goods, and contact information. They shall notify this list and any subsequent update to the Commission. The Commission mayshall issue guidance, after consulting the European Semiconductor Board, to further specify the information to be gathered and define the technical specifications and formats.
Amendment 638 #
2022/0032(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States in consultation where necessary and proportionate with industry representatives shall identify key market actors along the semiconductor supply chains in their national territory in accordance with a pre-defined criteria agreed by the European Semiconductor Board and the Commission, taking into account the following elements:
Amendment 647 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. A semiconductor crisis shall be considered to occur when there areis a serious and extraordinary disruptions in to the supply of semiconductors, leading to a significant shortages, which: of products or services, which poses a serious and immediate threat to the functioning, health, economy, and security and defence of the Member States and the Union citizens;
Amendment 658 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Before the expiry of the duration for which the crisis stage was activated, the Commission shall, after consulting the European Semiconductor Board and industry stakeholders, assess whether the activation of the crisis stage should be prolonged. Where the assessment concludes that a prolongation is appropriate, the Commission may prolong the activation by means of implementing acts. The duration of the prolongation shall be specified in the implementing acts adopted in accordance with Article 33(2). The Commission may repeatedly decide to prolong the activation of the crisis stage where this is appropriate.
Amendment 660 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. During the crisis stage, the Commission shall, upon request from a Member State or on its own initiative, convene extraordinary meetings of the European Semiconductor Board as necessary. Member States and industry representatives shall work closely with the Commission and coordinate any national measures taken with regard to the semiconductor supply chain within the European Semiconductor Board.
Amendment 661 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4 a. The triggering of the crisis stage shall be accompanied by a crisis situation assessment report, drawn up by the Commission and the European Semiconductor Board, and made available to the European Parliament.
Amendment 662 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Upon expiry of the duration for which the crisis stage is activated, the measures taken in accordance with Articles 20, 21 and 22 shall cease to apply. The Commission in consultation with the European Semiconductor Board shall review the Union risk assessment pursuant to Article 16(2) no later than six months after the expiry of the duration of the crisis stage, the conclusions of that review shall be made available to the European Parliament.
Amendment 672 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. Where the crisis stage is activated and where appropriate in order to address the semiconductor crisis in the Union, the European Semiconductor Board mayshall assess and advise on further appropriate and effective emergency measures, for example:
Amendment 682 #
2022/0032(COD)
6. The Commission mayshall, after consulting the European Semiconductor Board and industry stakeholders, issue guidance on the implementation and the use of the emergency measures.
Amendment 686 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Commission shall, after consulting the European Semiconductor Board, request representative organisations of undertakings or, if necessary, individual undertakings operating along the semiconductor supply chain to inform the Commission, where necessary and proportionate and in line with the confidentiality rules provided in this Regulation, about their production capabilities, production capacities, current primary disruptions and provide other existing data necessary to assess the nature of the semiconductor crisis or to identify and assess potential mitigation or emergency measures at national or Union level.
Amendment 689 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1 a. In the event of a crisis situation, and the information already provided by organisations and undertakings proves insufficient to fully assess the measures needed to be taken to mitigate the risks, then on a case-by-case basis and after consultation with the European Semiconductor Board, further information may be requested. Such information shall be treated in accordance with the basic principles and minimum standards of security for protecting information and data of this nature.
Amendment 690 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 1 b (new)
Article 20 – paragraph 1 b (new)
1 b. In the event of a data breach or unauthorised disclosure of information and data collected, this shall result in a full investigation by the Commission or competent authority, and if necessary a revision of the guidelines applied to the treatment, storage and handling of the data under the requirements of this Regulation. The Commission or Member States shall ensure the appropriate action is taken. The entity or undertaking has the right to decline sharing further information until an investigation has been carried out, and a remedy has been sought.
Amendment 691 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 1 c (new)
Article 20 – paragraph 1 c (new)
1 c. There shall be a single point of contact established by the Commission for such information to be provided to reduce administrative burden in reporting measures, and to reduce the risk of data breaches and the unauthorised disclosure of business, security, and economically sensitive information.
Amendment 694 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The request for information shall state its legal basis, be proportionate and necessary in terms of the granularity and volume of the data and frequency of access to the data requested, have regard for the legitimate aims of the undertaking and the cost and effort required to make the data available, and set out the time limit within which the information is to be provided. It shall also indicate the penalties provided for in Article 28.
Amendment 695 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Should an undertaking supply incorrect, incomplete or misleading information in response to a request made pursuant to this Article as a consequence of bad faith or recklessness, or not supply the information within the prescribed time limit, it shall be subject to fines set in accordance with Article 28.
Amendment 697 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Should an undertaking established in the Union be subject to a request for information related to its semiconductor activities from a third country, it shall inform the Commission in such a manner as to enable the Commission to request similar information if necessary and relevant to its tasks. The Commission shall inform the European Semiconductor Board of the existence of such request from a third country.
Amendment 714 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The obligations under paragraph 1, 2 and 3 shall be enacted by the Commission via decision. The decision shall be taken in accordance with all applicable Union legal obligations, having regard to the circumstances of the case, including the principles of necessity and proportionality. The decision shall in particular have regard for the legitimate aims of the undertaking concerned and the cost and effort, effort, technical practicality, and long-term business consequences, required for any change in production sequence. In its decision, the Commission shall state the legal basis of the priority rated order, fix the time-limit within which the order is to be performed, and, where applicable, specify the product and quantity, and state the penalties provided for in Article 28 for non- compliance with the obligation. The priority rated order shall be placed at fair and reasonable price, reflective of the market price.
Amendment 715 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. For those facilities carrying out a priority rated order, the Commission may work within the structures of the European Semiconductor Board to enable Member States to introduce new tax incentives or substantially improve existing ones to stimulate investment in research in the area of semiconductors in accordance with the Commission Communication - Towards a more effective use of tax incentives in favour of R&D.
Amendment 723 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 5 – point b
Article 21 – paragraph 5 – point b
(b) if acceptance of the order would place an unreasonable economic burden and, risk to business continuity, or entail particular hardship for the undertaking.
Amendment 724 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
6. Where an undertaking is obliged to accept and prioritise a priority rated order, it shall not be liable for any breach of contractual obligations that is required to comply with the priority rated orders. The liability shall be excluded only to the extent the violation of contractual obligations was necessary for compliance with the mandated prioritisation. Where necessary and relevant, the Commission shall enter into dialogue with third parties.
Amendment 738 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 6 a (new)
Article 22 – paragraph 6 a (new)
6 a. The Commission shall ensure that separation of activities and independence is maintained throughout the process, in relation to its other tasks conducted under this Regulation and in relation to the European Semiconductor Board.
Amendment 778 #
2022/0032(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission and the national competent authorities, their officials, servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the Member States shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. They shall strictly respect the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect in particular intellectual property rights and sensitive business, economic and security related information or trade secrets. This obligation shall apply to all representatives of Member States, observers, experts and other participants attending meetings of the European Semiconductor Board pursuant to Article 23 and the members of the Committee pursuant to Article 33(1).
Amendment 780 #
2022/0032(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The Commission and Member States may exchange, where necessary,on a case-by-case basis, where necessary and proportionate, and in full compliance with the rules set out within this Regulation and Union law with regard to sensitive business, economic and security related information, exchange confidential information with competent authorities of third countries with which they have agreed on bilateral or multilateral confidentiality arrangements to provide an adequate level of confidentiality.
Amendment 799 #
2022/0032(COD)
1. By three years after the date of application of this Regulation and every four years thereafter,Every 18 months the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The findings of the report shall be presented to the European Parliament. The reports shall be made public.
Amendment 800 #
2022/0032(COD)
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1 a. Sensitive and restricted information shall be redacted or processed by the European Parliament in accordance with existing rules and protocols.
Amendment 77 #
2021/2255(INI)
Motion for a resolution
Recital E
Recital E
E. whereas building a better future starts with quality education and training; whereas access to quality education is a fundamental right; whereas a high-quality built environment is the result of the work of skilled professionals in the construction sector and creative and cultural industries;
Amendment 162 #
2021/2255(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Acknowledges that, by translating the values of the original Bauhaus to today’s challenges, the NEB aspires to create a cultural movement that contributes to a smarter, more sustainable and more enjoyable living environment;
Amendment 206 #
2021/2255(INI)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Acknowledges that NEB has the potential to contribute to the post-war restoration of cities, societies and economy
Amendment 237 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 1
Paragraph 8 – indent 1
- supporting the implementation of key policies; (e.g. Green Deal, environmental, industrial, social and cultural policies);
Amendment 246 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 3
Paragraph 8 – indent 3
- creating new jobs and business opportunities and adding economic value;
Amendment 248 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 3 a (new)
Paragraph 8 – indent 3 a (new)
- protecting the environment and diverse cultural and natural landscapes,
Amendment 249 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 3 b (new)
Paragraph 8 – indent 3 b (new)
- contributing to the circularity and sustainability of the European economy
Amendment 257 #
2021/2255(INI)
Motion for a resolution
Paragraph 8 – indent 5
Paragraph 8 – indent 5
- promoting the participation and connection of EU citizens;
Amendment 448 #
2021/2255(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Supports the creation of an annual NEB festival and awards; calls for synergies with other relevant European awards and events;
Amendment 450 #
2021/2255(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. calls for making 2023 the ‘European Year of NEB’;
Amendment 465 #
2021/2255(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Encourages all European innovation and research centres, in particular the EIT , to put their expertise at the service of NEB implementation; by directing EIT and its Knowledge and Innovation Communities (KICs), the Climate Kic and the Creative Industries KIC in particular, to serve NEB objectives, capitalising on its topical expertise and relevant capacities substantiated in the EIT ecosystem;
Amendment 1 #
2021/2166(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the Commission Communication entitled ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’ (COM/2021/350 final),
Amendment 2 #
2021/2166(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
— having regard to the European Parliament report entitled ‘A New Industrial Strategy for Europe’ (2020/2076(INI)),
Amendment 5 #
2021/2166(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the latest EP resolution “Regulatory Fitness, subsidiarity and proportionality- report on Better Law Making 2017, 2018 and 2019, adopted 24.6.20211a, _________________ 1a P9_TA (2021) 0316.
Amendment 8 #
2021/2166(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to its report ‘on a new strategy for European SMEs’(2020/2131(INI))
Amendment 11 #
2021/2166(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
Amendment 16 #
2021/2166(INI)
Motion for a resolution
Recital A
Recital A
A. whereas better law-making is a common goal for all EU Institutions, and should be achieved by increasing transparency, accountability and cooperation between the institutions and Member States, citizens and stakeholders, ensuring full respect of all fundamental European values, including democracy, the rule of law and human rights; whereas European legislation should be fit for purpose, balancedproportionate, clear, transparent and comprehensive in order to effectively benefit citizens and stakeholders;
Amendment 22 #
2021/2166(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas better regulation tools should be applied in an ever-changing world, where challenges and policy priorities are constantly evolving and the achievement of European objectives and targets across sectors is increasingly urgent; whereas, therefore, it will be increasingly important toback up regulatory proposals with evidence based on the most appropriate assessments;
Amendment 30 #
2021/2166(INI)
C. whereas better law-making must aim to serve the EU’s political ambitions, especially its long-term objectives, such as social progress and the binding objective of Union climate neutrality by 2050, and the long-term priority objective for 2050 that citizens live well, within the limits of our planet; whereas sustainabilit for 2050; whereas sustainability and social market economy should be at the heart of quality law-making, placing social, environmental and economicconomic and environmental considerations on an equal footing;
Amendment 35 #
2021/2166(INI)
Motion for a resolution
Recital D
Recital D
D. whereas well carried out ex ante and ex post impact assessments and, public consultations and the "evaluate first principle" are essential tools for well- informed, better, efficient, accountable and transparent law-making;
Amendment 37 #
2021/2166(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the ‘Have Your Say’ web portal aims to boost involvement in EU policy-making; whereas the European Court of Auditors published a special report in 20192 with a set of recommendations to even improve this portal, especially the use ando make it more user- friendly, including with regard to the availability of translations; _________________ 2 European Court of Auditors special report no 14/2019: ‘‘Have your say!’: Commission’s public consultations engage citizens, but fall short of outreach activities’.
Amendment 39 #
2021/2166(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas publicly available European Union websites for funding and tender opportunities within the framework of the EU programs are published in English Language first; whereas the translation of those websites can take several months; whereas the availability of those websites in all official languages of the EU is crucial for fair competition;
Amendment 40 #
2021/2166(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the Regulatory Scrutiny Board (RSB) Plays an important role in improving European legislation and it assessed that around 1/3 of impact assessments in 20211a have been negative in their first assessment; _________________ 1a https://ec.europa.eu/transparency/docume nts-register/
Amendment 41 #
2021/2166(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the aim of the regulatory fitness and performance (REFIT) programme isand the Fit for Future Platform (F4F) are to simplify EU laws and reduce unnecessary administrative burdens with a view to improve regulatory compliance, increasing the focus on regulatory offsetting and fitness checks of previous, current and future legislation;
Amendment 47 #
2021/2166(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the ‘one-in, one-out’ principle strengthens the REFIT programme, by extending the programme beyond the burdens from individual pieces of existing legislation to include also burdens from new legislation as well as managing the accumulative burden in each policy area; whereas, at the same time, the ‘one in, one out’ principle needs a clarification concerning its application in practice, as this should always benefit to the interests of businesses, workers, citizens and consumers;
Amendment 49 #
2021/2166(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas according to EUR-Lex1b the Commission adopted or amended 1,977 legislative or non-legislative acts in 2021 alone, whereas in the same period only 1,008 legislative or non-legislative acts were repealed or expired; _________________ 1b https://eur- lex.europa.eu/statistics/2021/legislative- acts-statistics.html; https://eur- lex.europa.eu/statistics/legal- acts/2021/legislative-acts-statistics- repealed-and-expired-acts.html
Amendment 50 #
2021/2166(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. whereas achieving the benefits of simplification efforts at European level also depends on the maintenance of the relevant provisions by the co-legislators and on the choices made by the Member States when transposing them into national law, and a greater effort of coordination and consultation with them and also with the local and regional authorities is therefore required;
Amendment 59 #
2021/2166(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s commitment to making better use of foresight, mainstreaming the Sustainable Development Goals in all its legislative proposals, in line with the UN’s 2030 Sustainable Development Agenda,aim that EU laws should deliver maximum benefits to citizens and businesses, in particular small and medium-sized enterprises and to paymaking greater attention to gender equality and equality for all, and to ensuring that the ‘do no significant harm’ and precautionary principles are applied across all policy areasbetter use of strategic foresight; since it plays a key role in helping to future-proof EU policy making by ensuring that short-term initiatives are based on a longer-term perspective; calls foron the Commission to clearly define the ‘do no significant harm’ principle in order to ensure its consistent application; welcomes the proposal that sustaisystematically apply regulatory sandboxes for policy making to every policy field enability andng digitalisation should be better taken into account in law-making; calls on the Commission to implement a ‘sustainability first’ approach law-making, especially for SMEs, where policy value added must clearly outweigh administrative, adjustment and compliance costs; calls on the Commission to use its strategic foresight capacities especially for burden reduction;
Amendment 62 #
2021/2166(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that there are 1.28 million1c small and medium-sized enterprises (SMEs) in the EU and therefore the Commission should not just perform the SME test more systematically, but shall foresee a mandatory SME test to be performed for all legislative proposals; _________________ 1c https://www.statista.com/statistics/878412/ number-of-smes-in-europe-by-size/
Amendment 65 #
2021/2166(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
Amendment 66 #
2021/2166(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. welcomes that in line with the 2030 Digital Compass Communication, better regulation will promote the ‘digital by default’ principle in forthcoming EU legislationas an important tool to support digital transformation;
Amendment 73 #
2021/2166(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s commitment to more actively publicising consultations in order to reach more citizens, stakeholders, in particular SMEs, and local and regional authorities;
Amendment 86 #
2021/2166(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls for all European Union websites on funding and tender opportunities to be translated into all official languages of the EU immediately, as the initial exclusive availability in English language putsnon-English speaking member states at disadvantage;
Amendment 92 #
2021/2166(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to perform impact assessments to be performed on all acton all legislative proposals, without exception; regrets that this was not the case for several politically sensitive proposals in the past; recalls that on several occasions Parliament has carried out its own impact assessments in replacement of the Commission’s; nevertheless, recalls that impact assessments help to inform but do not replace political decision-making;
Amendment 93 #
2021/2166(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls that the application of the ‘Think Small First’ principle enshrined in the Small Business Act is an essential element for the proportionality test, prior to any legislative proposal and should aim at ensuring that SMEs’ voices are heard and that their interests are taken on board as early as possible, in order to create a favourable business environment for the development of SMEs, which are the backbone of our European economy;
Amendment 95 #
2021/2166(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines that if an impact assessment has not been performed than the Commission should publish the staff working document at the same time as the legislative proposal;
Amendment 97 #
2021/2166(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that Parliament has set up a dedicated directorate, the Directorate for Impact Assessment and European Added Value, to be able to carry out ex ante and ex post impact assessments with a view to supporting evidence-based policy-making and asks to foresee enough funding and human resources for this Directorate in order to enable it to perform high quality impact assessments;
Amendment 100 #
2021/2166(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. ESupports the Commission’s commitment to policy reviews and encourages the Commission to make greater use of ex post assessments to evaluate the effectiveness and benefits of legislation which in turn can help inform future policy developmentand improve regulation approaches; stresses the importance of the ‘evaluate first’ principle for ensuring that lessons learnt from the past informluence future policy cycle action; is seriously concerned about the increasing trend of evaluations and impact assessments being carried out in parallel, although evaluation results should feed into any revision of legislation;
Amendment 103 #
2021/2166(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that ex post evaluations are also an important tool to assess the impact of legislation on citizens and businesses, whereby special attention should be given as to the impact on SMEs;
Amendment 104 #
2021/2166(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to enable the Fit for Future Platform and Member States to provide feedback on the Commission’s cost and benefits estimates after implementation;
Amendment 105 #
2021/2166(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Highlights the necessity for regulatory offsetting using fitness checks, consolidating parallel and overlapping regulations and calls on the Commission to thoroughly examine how new legislative elements overlap with existing legislation and to avoid unproportionally increasing administrative, adjustment and compliance costs for citizen and companies, especially SMEs and urges the Commission to take a closer look at legislative network effects and consolidate its legislative activates, accordingly;
Amendment 107 #
2021/2166(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Commission’s renewed commitment to transparency of the evaluation process and calls for the publication of multi-annual evaluation plans; further emphasises the need to increase the availability of public, complete and accessible evidence supporting impact assessments and evaluations, and welcomes, in this regard, the Commission’s intention to improve its evidence registers and the links between them as well as to make its internal databases and repositories easily publicly accessible;
Amendment 116 #
2021/2166(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note ofWelcomes the use of instruments such as the regulatory fitness and performance programme (REFIT) and the ‘Fit for Future’ Platform to identify opportunities for simplification and reducing unnecessary costs before the Commission proposes a revision, while ensuring the highest standards of protection and enhancing compliance with EU law; recalls that the ‘Fit for Future’ platform’s role is also to assess whether specific Union legislation and its objectives remain future-proof and adapted to new challenges while increasing the focus on regulatory offsetting;
Amendment 124 #
2021/2166(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that ‘strategic foresight’ could plays a key role in helping to future- proof EU policy-making by ensuring that assessments of new initiatives are grounded in a longer-term perspective, emphasising the added value of quality legislation as an investment in the future; welcomes the integration of ‘foresight elements’ into the Commission’s better regulation agenda in impact assessments and evaluations; considers, however, that the Commission’s methodology for quantifying costs, deciding on trade-offs and implementing strategic foresight remains unclear, and that practice will allow assessment ofthe Commission needs to provide prove how these approaches have been followed in practice; encourages the Commission to look into innovative cost assessment tools;
Amendment 127 #
2021/2166(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Outlines that the Commission should better align and combine its better regulation and strategic foresight activates in order to better integrate both processes;
Amendment 128 #
2021/2166(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Urges the Commission to establish a SME Envoy to minimise bureaucratic burdens across Member States, being appointed with horizontal competencies within the presidency’s Cabinet, in order to do justice to the importance of SMEs in the EU;
Amendment 129 #
2021/2166(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Points out that the quality of the replies to parliaments questions for oral answer, such as for example O- 000003/2020 and O-000028/2021 concerning the implementation of the better Regulation, are very poor, calls therefore for an immediate and structural significant improvement of the Commissions answer to parliamentary questions;
Amendment 133 #
2021/2166(INI)
11. Takes note ofWelcomes and strongly supports the involvement of the Regulatory Scrutiny Board (RSB) in impact assessments, fitness checks, and major evaluations of current legislation; notes, however, that the transparency of the Regulatory Scrutiny Board on meetings with stakeholders, reviews, recommendations and opinions should be significantly improved; underlines that the work of the Board should not ultimately affect the Commission’s capacity to propose legislation or unduly delay the adoption of legislative proposals; considers that all the Board’s opinions should always be made public immediately after adoption without any exception, as its involvement significantly improve the evidence-based work of the Commission; recognises that the independence of the RSB has to be strengthened and calls on the Commission to extend its collaboration with the RSB, strengthening it by providing more means and competences to its work; calls on the Commission to publish all RSB´s opinions immediately after adoption without any exception and to delver them as well to the Parliament and the Council;
Amendment 139 #
2021/2166(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes note ofWelcomes the ‘one in, one out’ approach by which the Commission aims to offset newly introduced burdens by relieving citizens and businesses of equivalent burdens at EU level in the same policy area; regrets the unilateral introduction of this approach by the Commission, without a prior impact assessment or consultation; underlines that the implementation of this approach should not affect political imperatives or the objectives of better regulation, and emphasises that it should not lead to mechanical or mathematical decisions to repeal legislation, lower its standard or result in a chilling effect on legislation; recalls that the need for new legislation should not automatically imply that current legislation is no longer needed; calls and asks the Commission to make more efficient use of it and focusing more on regulatory offsetting; calls for new legislation to go hand in hand with replacing, merging and improving and for this approach to be based on a transparent and evidence-based methodology giving balancedproportionate consideration to all sustainability aspects, both in terms of benefits and costs, including the costs of non-compliance and inaction; calls on the Commission, in this regard, to make its ‘one in, one out’ calculator public before applying this approach and to develop the current "one in, one out" approach into a binding "one in, x out" approach applicable to all legislations, in order to allow for future- proof, coherent and less burdensome legislation;
Amendment 142 #
2021/2166(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the Commission to introduce a digital single reporting instrument, consolidation reporting requirements arising from the revision of the non-financial reporting directive (NFRD), the taxonomy, but also the reporting requirements from the Fit for 55 package in a single tool, which is designed with specific requirements and ready-made Key Performance Indicators (KPls) and standards, accessible in a modular and digital way for companies and other organisations
Amendment 145 #
2021/2166(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Underlines that systematic review of legislation plays an increasingly important role for achieving better regulation; stresses in this regard the importance of the European Parliament, the Council and the Commission engaging in a more structured cooperation in order to assess the application and effectiveness of Union law with a view to its improvement; points out the need for the swift, timely and correct application of Union legislation by the Member States inorder to properly assess the need for further legislation;
Amendment 146 #
2021/2166(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Highlights that the Better Regulation Guidelines and Toolbox need to be improved with regards to the effects of costs added by co-legislators in the course of negotiations and Member States “gold-plating” legislation when transposing it into the national laws since "gold-plating" practices are one of the main sources of administrative burden;
Amendment 147 #
2021/2166(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Recalls on Member States and the Commission to acknowledge the immediate need for better regulation and simplification and to adopt a roadmap with concrete and binding targets and indicators as an important prerequisite for our economy’s ability to recover and innovate; notes that several Member States have set quantitative targets of up to 30% for the reduction of administrative burden; therefore, calls on the Commission to set ambitious and binding quantitative and qualitative targets, such as reducing administrative burdens at least by 55% to the level of regulatory burden in 2021 by 2030; underlines the need for the consistent application of the ‘think small first’ principle and the strengthening of the principle of being ‘big on big things, small on small things’ in order to ensure proper focus on SMEs in EU and national legislation and as the basis for a new interinstitutional commitment to reducing administrative burdens;
Amendment 2 #
2021/2060(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to Council of Europe resolution 2079 (2015) on equality and shared parental responsibility: the role of fathers,
Amendment 8 #
2021/2060(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to its resolution of 6 October 2021 on the impact of intimate partner violence and custody rights on women and children,
Amendment 16 #
2021/2060(INI)
Motion for a resolution
Recital A
Recital A
A. whereas children and adolescents have the right to be hearinformed, consulted and to express their views in any proceedings concerning their well-being and future life arrangements, their views have to be given due weight in accordance with their age and maturity;
Amendment 25 #
2021/2060(INI)
Motion for a resolution
Recital D
Recital D
D. whereas children have the right to be duly informed in an easy understandable manner in accordance with the age and maturity of the child at every step of the court and administrative proceedings concerning them;
Amendment 39 #
2021/2060(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the lack of effective procedures for the enforcement of judgments concerning parental responsibility, access rights, parental child abductions or maintenance obligations in cross-border cases is detrimental toare in the best interests of the child;
Amendment 46 #
2021/2060(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the lack of common EU rules on the recognition of judgments on parenthood, particularly in cases involving same-sex parents, may result in a loss of parental rights, may infringe the right of the child to be raised and maintain a relationship with both parents and any rights deriving from parenthood (such as maintenance or succession), and may also encourage forum shopping in the case of cross-border family disputes; whereas the future legislative proposal in this area willshould help to reduce the number of administrative and judicial proceedings;
Amendment 50 #
2021/2060(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the use of alternative dispute resolutions should be encouraged, unless it is contrary to the best interests of the child, notably in the case of domestic violence and sexual abuse;
Amendment 53 #
2021/2060(INI)
Motion for a resolution
Recital T
Recital T
T. whereas cross-border family mediation is more complex than mediation in domestic family disputes from a legal and logistical perspective and requires additional knowledge and language skills from the mediator as well as the lawyers defending the parents and/or the child;
Amendment 59 #
2021/2060(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. UnderlinesCalls on Member States to ensure that in all proceedings concerning the child’s well-being and future life arrangements, the rights of the child should bare respected and implemented in full and the best interests of the child ishould be given priority;
Amendment 72 #
2021/2060(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that such guidelines or similar non-legislative tool must clearly state that a child involved in civil, administrative or family law proceedings should be informed at any stage of the process and thain particular about the decisions given by the authority should be explained to the child in a manner befitting of their age and maturity by a specially trained professional;
Amendment 73 #
2021/2060(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that one of the reasons for cross-border cases to be legally challenging is the different national terminology, like the differences in minimum age requirements across Member States, which may result in a child being treated differently depending on diverging age criteria, or the different roles of the child´s legal counsel in proceedings involving children; calls therefore on the Commission to identify the respective problems and provide possible solutions to the Member States;
Amendment 79 #
2021/2060(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that due to the COVID- 19 pandemic additional challenges concerning the access to justice and delays of proceedings have been caused therefore calls on the Member States to foresee measures that enable access to justice in pandemic times in particular if children are involved in civil, administrative and family law proceedings;
Amendment 83 #
2021/2060(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls onEncourages the Member States to enable access to high-quality legal representation for children involved in civil, administrative and family disputes, especially when parents do not exercise full parental responsibility or when there is a suspicion that their interests may conflict with the best interests of the child;
Amendment 87 #
2021/2060(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to provide mandatory trainings on the rights and specific needs of the child for judges, other legal professionals, enforcement authorities, social workers, teachers and nurseries and all other relevant parties involved in court and administrative proceedings concerning children;
Amendment 100 #
2021/2060(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls onEncourages the Member States to effectively enforce judgments in cross- border family disputes concerning children, especially in cases related to cross-border parental child abductions and decisions related to the recognition of parenthood of same-sex couples;
Amendment 102 #
2021/2060(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. CPoints out the importance of the exchange of information between national courts in cross-border cases and calls on the Member States to properly implement the new rules and obligations under Council Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction5 ; urges the Commission to cooperate with the Member States to that effect, to carefully monitor the correct implementation of the regulation, and to respond promptly to any failure to do so; _________________ 5 OJ L 178, 2.7.2019, p. 1.
Amendment 103 #
2021/2060(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses the need to recognise the interconnectedness of criminal, civil and other legal proceedings in order to coordinate the judicial and other legal responses to child and intimate partner violence, and calls therefore on the Member States to adopt measures to link criminal and civil case of one family in particular, when children are involved, so that discrepancies between judicial and other legal decisions that are harmful to children can be effectively avoided;
Amendment 119 #
2021/2060(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to put forwardconsider a new proposal for a regulation on cross-border mediation, accompanied by thorough impact assessment, which should establish guidelines for the cross- border procedure, rules on the recognition and enforcement of mediated agreements, requirements for the establishment of a European certificate for mediators to ensure the quality of expertise in cross- border cases, and common standards for mediation contracts; considers that such common standards should ensure respect for the confidentiality rules of each Member State and provide the parties with enough legal information about the concept, limits and consequences of mediation;
Amendment 123 #
2021/2060(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls onEncourages the Member States to establish pre-mediation offices in order to provide parents with all the information they need about the conduct of mediation and its possible costs and benefits; highlights that some Member States have already established such offices or are seeking to do so;
Amendment 10 #
2021/2046(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for ambitious policies to reduce transport’s reliance on fossil fuels without delayAcknowledges transport’s reliance on fossil fuels and stresses the need for ambitious policies to decarbonise all transport modes; calls on the Commission and Member States to adopt and implement a coherent long-term strategy for the transition towards a sustainable transport system, and to design a stable regulatory framework to ensure predictability for stakeholders, businesses, SMEs as well as citizens;
Amendment 16 #
2021/2046(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Points out the essential role played by transport in safeguarding the well- being and strengthening the competitiveness of the EU single market, while ensuring the free movement of people and goods within EU internal borders;
Amendment 18 #
2021/2046(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Reiterates the importance to base the policy measures set out in the Sustainable and Smart Mobility Strategy on comprehensive impact assessments that take into account economic, environmental and social consequences as well as the diverse mobility needs of users;
Amendment 52 #
2021/2046(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for a holistic approach based on the principle of technology neutrality and the life cycle assessment to increase the share of renewable and low-carbon energy in the transport sector, where the further development and deployment of low- and zero-emission vehicles should play a key role; the further development and deployment of electric vehicles should play a key role;
Amendment 65 #
2021/2046(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on Member States to implement the Clean Energy Package in order to facilitate the production and management of the increased renewable electricitnergy needed to decarbonise the transport sector;
Amendment 72 #
2021/2046(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for measures to unlock the potential of the energy efficiency first principle by boosting opportunities from digitalisation and electrificationdecarbonisation of the transport sector;;
Amendment 91 #
2021/2046(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Underlines that the technology for the production of renewable and low- carbon fuels is available and needs to be deployed on a large scale without delay. Welcomes in this regard the intention to establish a Renewable and Low-Carbon Fuels Value Chain Alliance, whose scope should cover all transport modes, with the aim to boost the supply and deployment of the most promising fuels;
Amendment 96 #
2021/2046(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for increased effortsWelcomes the European flagship “Recharge and Refuel” under the Recovery and Resilience Facility; calls for increased efforts in the upcoming review of the Alternative Fuel Infrastructure Directive to achieve a EU-wide roll-out of recharging and refuelling infrastructures and the adoption of harmonised standards to ensure interoperability.
Amendment 102 #
2021/2046(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Highlights the importance of providing support to the research and development of the most promising and sustainable technologies, like gaseous fuels, hydrogen, hybrid and electric ones, following a technology neutral approach based on life-cycle GHG emissions, in order to accelerate the transition to the next generation of decarbonised transport systems.
Amendment 8 #
2021/2043(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the Commission Communication ‘Updating the 2020 New Industrial Strategy: Building a stronger single market for Europe's recovery' COM (2021) 350 final,
Amendment 43 #
2021/2043(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
Amendment 45 #
2021/2043(INI)
Motion for a resolution
Recital G f (new)
Recital G f (new)
G f. whereas despite the efforts made in the past by multiple programmes and applications, traders still struggle to find information on the rules and procedures for the cross-border provisions of services and the sale of goods;
Amendment 46 #
2021/2043(INI)
Motion for a resolution
Recital G g (new)
Recital G g (new)
G g. whereas barriers in the digital single market still exist and have to be removed in order to realise its full potential; whereas the use of new technologies and AI can be helpful to overcome those barriers; whereas better implementation of existing legislations for the European single market is crucial;
Amendment 60 #
2021/2043(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the single market remains the European Union’s greatest achievement; urges the Commission, therefore, to refocus resources at issues plaguing the single market, in particular non-tariff barriers (NTBs), which continue to create unnecessary and unfair burdens and limit opportunities for consumers and businesses, especially SMEs;
Amendment 87 #
2021/2043(INI)
Motion for a resolution
Paragraph 6 – point b
Paragraph 6 – point b
b) burdensome and complex administrative requirements, insufficient and inaccessible information and limited lines of communication with public administration, including through points of single contact, which also limit the possibilities for new or competing services in new locations that would improve consumer choice;
Amendment 100 #
2021/2043(INI)
Motion for a resolution
Paragraph 6 – point d b (new)
Paragraph 6 – point d b (new)
Amendment 141 #
2021/2043(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is concerned by the insufficient access to information on mobility of services, as well as by the burdensome procedures to obtain essential documents such as the A1 form; underlines that access to information, such as on domestic collective agreements where applicable and relevant, should be improved to facilitate compliance for businesses; and urges the Commission to stick to its plan to introduce a digital form for the declaration of the posting of workers in Q 1/2022 as outlines in its Update of the 2020 New Industrial Strategy by establishing a simple, user-friendly and interoperable digital form, that suits the needs of European companies and in particular SMEs;
Amendment 149 #
2021/2043(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Believes that digitalisation and emerging technologies such as AI can contribute to achieving the objectives of the EU and deepen the internal market; stresses that, if such technologies are used correctly, they can be positive and transformative and address many challenges to eliminate the single market obstacles;
Amendment 150 #
2021/2043(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13 d. Welcomes the DSA and DMA regulation proposals and asks for the European Commission and Member States to adopt frameworks which are coherent with the other policies of the internal market and the EU; considers that it is of outmost importance for companies and specially SMEs and consumers to have a clear, harmonized and robust set of rules;
Amendment 151 #
2021/2043(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13 e. Underlines the importance of a fully functioning digital single market that benefits consumers and enterprises and asks for SMEs to be supported in order to face the obstacles and struggles in their digital transformation;
Amendment 154 #
2021/2043(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises that numerous barriers stem from the limited capacity of administrations to deliver high quality digital services in cross-border settings; believes that digitalisation of public services and fully-fledged eGovernment capabilities remain essential to eradicate some of the onerous NTBs and therefore to enable the functioning of the single market; recalls, in this regard, that the key provisions of the single digital gateway had to be in force in all EU Member States by 12 December 2020; underlines the importance of the ‘once only’ principle, which will save citizens and businesses time and money, in particular if used more widely; welcomes the proposal to add a single market obstacles tool to the single digital gateway;
Amendment 199 #
2021/2043(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Calls on each Member State to ensure that all competent authorities within its jurisdiction have all the minimum powers and necessary budget and staff to ensure the proper application of the internal market acquis;
Amendment 9 #
2021/2040(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, despite the lack of comprehensive data on its full impact, the TSD is still effective in guaranteeing the free movement of toys in the Single Market and the number of companies operating in the market since the full application of the TSD increased by 10 % from 2013 to 2017, while the turnover of the EU toy industry has constantly increased since its entry into force; whereas 99 % of companies in the sector are SMEs;
Amendment 21 #
2021/2040(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges the added value of the TSD in improving the safety of children and ensuring an equal high level of protection across the single market, compared to the previous directive, and its role in providing legal certainty and a level playing field for businesses;
Amendment 29 #
2021/2040(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes, however, that inconsistencies that call for a revision of the TSD remain and therefore asks the Commission to foresee an exhaustive impact assessment in order to check if and how these inconsistencies could be addressed;
Amendment 42 #
2021/2040(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that spreading out requirements across several pieces of legislation, and providing for different limit values, can be is burdensome and can in some caseseven necessitate duplicate the measuring of substances, as in the case of migration and content limit values; calls on the Commission, therefore, to consider consolidating all applicable limits for toys in one piece of legislation in order to streamline conformity assessment and make it more easy and less burdensome to comply with the requirements;
Amendment 47 #
2021/2040(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the derogation from the prohibition of chemicals that are carcinogenic, mutagenic or toxic to reproduction (CMRs) set out in the TSD allows for the presence of those chemicals in concentrations that arppear to be too high to ensure the protection of children; calls on the Commission to urgently to substantially reduce the generic limits for derogated CMRs in the TSD; insists that, in line with the Chemicals Strategy for Sustainability, the possibility toconduct an impact assessment in order to analyse if the derogateion from the rules on the presence of CMRs in parts of the toy that are inaccessibleinaccessibility of CMRs to the child should be deleted;
Amendment 52 #
2021/2040(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that lower limit values for chemicals such as nitrosamines and nitrosatable substances set out at national level compared to those established in the TSD create inconsistencies, even when justified by the Commission; notes, however, that all EU children should enjoy the same high level of protection; acknowledges that this limit value cannot be amended by an implementing act but would require a legislative procedure; calls on the Commission, therefore, to adapt the limit valueconduct an exhaustive impact assessment before its revision of the TSD analysing, if the limit value needs to be adapted to the strictest value in force at national level in a revision of the TSD;
Amendment 57 #
2021/2040(INI)
10. Calls on the Commission to proposeanalyse within its impact assessment in the framework of the revision of the TSD if a hazard identification procedure for endocrine disruptors, based on the definition of the World Health Organization (WHO), and to apply it in a future revision of the TSD to ensure that endocrine disruptors are banned in toys as soon as they are identifi should be proposed and if endocrine disruptors should be banned, as well as to consider introducing horizontal legislation with that aim, as repeatedly requested by Parliament and by the Council;
Amendment 67 #
2021/2040(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned that the stricter provisions for chemicals in toys intended for children aged under 36 months do not take into account the fact that older children remain vulnerable to dangerous substances; notes that this distinction can result in manufacturers circumventing the provisions by indicating that the toy is intended for children above 36 months even when it is clearly not the case; stresses that several stakeholders and Member States have indicated thatcalls on the Commission, therefore, to analyse this distinction is clearly inadequate and asked for it to be eliminated; calls on the Commission, therefore, to do so in itssue within the impact assessment to the revision of the TSD;
Amendment 74 #
2021/2040(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the TSD contains an obligation for Member States to perform market surveillance underthe competent authority of the Member States to take due account of the precautionary principle, test toys on the market and verify manufacturers’ documentation with a view to withdrawing unsafe toys and taking action against those responsible for placing them on the market; is concerned that the effectiveness of market surveillance under the TSD is limited, putting the health and safety of children at risk and undermining the level playing field for economic operators that comply with the legislation, to the benefit of rogue traders, who do not;
Amendment 80 #
2021/2040(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the adoption of Regulation (EU) 2019/1020, which aims to improve market surveillance by strengthening controls by national authorities to ensure that products entering the single market, including toys, are safe and comply with the rules, and calls on the Member States to implement it fullycorrectly and on time and to set minimum sampling rates for checks, so that effective enforcement of the TSD can be ensured;
Amendment 90 #
2021/2040(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to explore possibilities for using new technologies such as blockchain and artificial intelligence to detect unsafe products and facilitate the work of market surveillance authorities by providing easily accessible and, structured and, if possible, digital information on products and their traceability in the supply chain;
Amendment 98 #
2021/2040(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to step up coordination of their market surveillance activities; Underlines that an efficient market surveillance is essential in order to detect unsafe toys and calls therefore on the Member States to increase the resources, provide modern equipment to and properly staff their market surveillance authorities and custom authorities and to step up coordination and cooperation among them, including at cross-border level, so that a swift transfer of information on unsafe toys can be enabled;
Amendment 104 #
2021/2040(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Highlights that in order to detect unsafe toys more efficiently the market surveillance authorities should carry out mystery shopping also on online marketplaces on a regular basis and at least once a year in particular because toys are the products that are notified the most on the Safety Gate (RAPEX);
Amendment 107 #
2021/2040(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
Amendment 108 #
2021/2040(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16 c. Encourages the use of new technologies such as AI and blockchain by market surveillance authorities to ensure that data analytics can be used to mitigate risk and improve compliance with the TSD;
Amendment 113 #
2021/2040(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is concerned by the new vulnerabilities and risks posed by connected toys; calls on the Commission to explore different options for action, such as extending the scope of the TSD to include provisions on information security or reinforcing the relevant horizontal legislation, such as the Radio Equipment Directive and the Cybersecurity Act, as well as the GDPR, while keepinvolving Parliament informed of its choices;
Amendment 117 #
2021/2040(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Encourages producers of connected toys to integrate safety and security mechanisms by design;
Amendment 118 #
2021/2040(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Is concerned that consumers respond poorly to recalls, and that unsafe toys continue to be used by children even though they have been recalled; asks therefore the Commission to publish guidelines on recall procedures, including a check list with concrete requirements and asks the online marketplaces to establish effective mechanisms to make sure they can reach their users, buyers and sellers in order to inform them as quickly as possible when recalls are necessary and to increase the number of consumers reached by the recalls;
Amendment 122 #
2021/2040(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that the development of e-commerce benefits the consumers but also poses challenges for market surveillance authorities in ensuring the compliance of products sold online; notes that many products bought online fail to conform to EU safety requirements and is concerned by the high number of dangerous toys sold online;
Amendment 130 #
2021/2040(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that online marketplaces should take additional steps tocan play a tremendous role in limiting the circulation of unsafe toys and therefore they should be obliged to take more responsibility in ensureing the safety and compliance of toys sold on their platforms by consulting the Safety Gate (RAPEX) system before placing a toy on their platform, removing toys identified as unsafe by the Safety Gate (RAPEX) immediately, taking measures to stop them from reappearing and cooperating effectively with the market surveillance authorities; insists in the strongest terms, in this sense, that it is fundamental to ensure consistency between different instruments such as the Digital Services Act and the future legislative act revising the GPSD when it comes to the responsibility of online marketplaces, under the principle ‘what is illegal offline is illegal online’;
Amendment 137 #
2021/2040(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Urges the Commission to require online marketplaces to introduce a link to the Safety Gate (RAPEX) on their websites so as to raise awareness about this platform and to modernise the Safety Gate (RAPEX) system in order to also allow better and quicker identification of unsafe toys by the online marketplaces;
Amendment 144 #
2021/2040(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that a regulation would be more effective, as it would be applicable at the same time in all Member States; calls on the Commission, since the TSD acts as a de facalls on the Commission to analyse in its revision of the TSD if the directive should be converted into a regulation, to take the chance offered by its revision to convert it into a regulation in order to enhance its effectiveness and efficiency;
Amendment 146 #
2021/2040(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers it essential to provide for a broader scope for amendments in the future revision, includinghat the Commission effects a solid impact assessment to analyse if and how mechanical and physical requirements in particular for children under 36 months, limit values for nitrosamines, labelling provisions for allergenic fragrances and CMRs could be inserted in the future revision of the TSD;
Amendment 152 #
2021/2040(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls onHighlights that the guidance documents from the Commission are helpful to clarify if the definition of ‘grey zone’ productproduct is a toy or not, but that there are still products within the ‘grey zone’ and therefore calls on the Commission to solve this problem within the definition of toys in the future revision of the TSD;
Amendment 159 #
2021/2040(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to introduce mandatory labelling for toys, providing the consumer at the time of purchase with clear, easily understandable and comparable information on a toy’s estimated lifetime, the extent to which it is reparable and the availability of spare parts, including, where relevant, the availability of the necessary software, and setting out options for repairanalyse whether the durability and reparability of toys can influence their safety;
Amendment 167 #
2021/2040(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Highlights that the lack of consistent EU-wide statistics on toy-related accidents makes it impossibledifficult to quantitatively assess the level of protection granted by the TSD; believes that a lack of coordination and funding at EU level is a root cause of the absence of consistent data and calls onproposes to the Commission to addressuse thise in a future revision through the establishment of a pan-European accident and injury databasedicators and data gathered from ICSMS, RAPEX and joint actions to assess the efficiency of the TSD;
Amendment 3 #
2021/2013(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the importance of developing a newat the EU pharmaceutical strategy which is consistent with the Union’s competences under the Treaties and with the principles of proportionality and subsidiarity, as a means of stimulating the development of European enterprises and making them competitive at global level and of guaranteeing better prevention and preparedness and more effective responses to future health emergenciess to build a stronger European Health Union in particular by supporting closer EU cooperation in research and development and by sharing health data;
Amendment 11 #
2021/2013(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that R&D is key for the development of innovative medicines, therapies and diagnosis;
Amendment 17 #
2021/2013(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Highlights that supporting the competitiveness and innovative capacity of the EU’s pharmaceutical industry is crucial;
Amendment 20 #
2021/2013(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Welcomes the Commission’s Action Plan on Intellectual Property which shall help companies, especially small and medium-sized companies (SMEs), to make the most of their inventions and creations and ensure they can benefit our economy and society and which aims at enabling the European innovative industry to remain a global leader;
Amendment 22 #
2021/2013(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Fully supports the IP Action Plan proposal to upgrade a series of existing IP tools and make them fit for the digital age, including improving the supplementary protection certificates (SPC) for patented medicinal products among other;
Amendment 23 #
2021/2013(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Recalls the Council conclusions ‘An EU Industrial Policy Strategy: a Vision for 2030’ of May 2019 recognising that a well-functioning and effective intellectual property rights regime is key to continued development and growth and recalling that it is essential to continue developing, improving and updating the European intellectual property frameworks, so as to ensure that ideas and inventions can be effectively developed and brought to the market, in particular by and for SMEs, to the benefit of the European economy and society at large;
Amendment 24 #
2021/2013(INI)
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Recalls the European Commission’s ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’ of May 2021 which states that the EU is strategically dependent on third countries regarding pharmaceutical ingredients and other health related products, which could lead to vulnerabilities for the EU and affect the EU’s core interests, and refers to the pharmaceutical strategy to address these issues;
Amendment 48 #
2021/2013(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the importance of facilitating and supporting research in the EU, not least in orderin order to be world market leader in improving existing and developing new medicines which could then lead to an increase of the number of patents filed in the Member States in this area; stresses that one of the priorities should be to develop medicines in areas where needs have been met only insufficiently or not at all or where commercial interest is low; draws attention, in that connection, to the key role played by AI and its potential as a driver of research and development in the health and pharmaceutical sector;
Amendment 64 #
2021/2013(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Urges to make the IP system more effective for SMEs, through actions to simplify IP registration procedures (e.g. reforming EU legislation on industrial designs), to improve access to strategic IP advice (e.g. by making such advice available in all EU-level R&D funding), and to facilitate the use of IP as a lever to gain access to finance;
Amendment 67 #
2021/2013(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that investing in research and development is a costly, high-risk endeavour; underlines that patents are intended to offer some guarantee of a return on investment, but the patent system is also designed to balance the interests of inventors with those of the public; repeats therefore that pharmaceutical companies need intellectual property (IP) rights and thus patents to achieve profits and keep innovating also in the interest of the consumers and patients;
Amendment 83 #
2021/2013(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that most of the time, radical innovation in the pharmaceutical sector is driven by SMEs (“biotechs”);
Amendment 85 #
2021/2013(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Regrets that the EU is less attractive then other countries, such as the USA, in terms of pharmaceutical research and development which is mainly due to a financial environment which encourages more risk-taking by venture capital;
Amendment 86 #
2021/2013(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Underlines the importance of a strong, efficient, transparent and balanced system of IP and trade secrets protection and the need for a coherent overall strategy to ensure both protection of – and fair access to – innovation to ensure that all companies established in the EU, including small and medium- sized ones, can effectively capitalise on their IP and make use of new technologies;
Amendment 89 #
2021/2013(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Finally highlights that it is of outmost importance to speak with “a strong EU voice” on the global stage;
Amendment 28 #
2021/2007(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas intellectual property is a fundamental right according to Article 17 of the European Union Charter of Fundamental Rights;
Amendment 52 #
2021/2007(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that Utility models are fast and low-cost protection for technical inventions and are very attractive for SMEs; encourages therefore the Member States that are not yet offering this tool, to establish it and calls the Commission to consider the possibility to introduce the missing EU level utility model protection;
Amendment 68 #
2021/2007(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 76 #
2021/2007(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Points out that the introduction of a unitary SPC title could even be foreseen before the entry into force of the Unitary Patent and suggests therefore to the Member States to extend the mandate of the EPO, so that they can carry out the examination of SPC applications on the basis of unified rules, including suspensory condition depending on the formal decision at national level;
Amendment 88 #
2021/2007(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Highlights that the question if SEP holder may choose the level of licensing in a supply chain is not clarified yet and therefore asks the Commission to cooperate with the relevant stakeholders in order to find an approach on this issue and to address it in its legislative initiative on SEPs;
Amendment 91 #
2021/2007(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Emphasises the importance of increasing the transparency of SDO databases and calls on SDOs to update their declaration system and databases; highlights in this context Article 9(1) lit.c of EU Regulation 1257/2012 which provides that the EPO is given the task of receiving and registering licensing commitments undertaken by the proprietor of a Unitary Patent in international standardisation bodies;
Amendment 104 #
2021/2007(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Member States that are still sceptical towards GIs for non- agricultural products to recognise the relevance of this protection given the fact that the existing trade mark protection does not enable producers to certify the link between quality and geographical origin;
Amendment 106 #
2021/2007(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Suggests to assign the EUIPO the responsibility for establishing a register for non-agri GIs in order to ensure a uniform examination and protection throughout the Union and in the long run to deviate from the two layer examination on national and on European level;
Amendment 115 #
2021/2007(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Is convinced that the design protection should be offered in a uniform way throughout the Single Market and suggests to the Commission to think about aligning the Design Directive and the Community Design Directive in order to create a stronger legal certainty;
Amendment 133 #
2021/2007(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Welcomes that the Commission intents to come up with a EU-Toolbox against counterfeit in order to enhance cooperation among the rightholders, public authorities and intermediaries - through further clarifying roles and responsibilities - and with the aim to facilitate effective information and data sharing between key actors, promoting the use of new Tools and technologies to prevent and detect counterfeiting activities;
Amendment 136 #
2021/2007(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Stresses that long term education on IP in schools on counterfeit and piracy would also be necessary in order to change the willingness to consume IPR- infringing goods and services; calls therefore on the Member States to cooperate with EUIPO in order to launch awareness campaigns;
Amendment 148 #
2021/2007(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Welcomes the efforts of all Member States to make sure that the courts take the principle of proportionality into consideration when dealing with injunction cases;
Amendment 314 #
2021/0426(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) The circular economy rules for construction materials are proposed in the revised Construction Products Regulation (CPR) together with a framework specified in the Waste Framework Directive, expected in 2023. Definitions, methodologies and best approaches need to be defined and consolidated in existing, relevant pieces of EU legislations to ensure a clear, consistent regulatory framework.
Amendment 342 #
2021/0426(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) To achieve a cost-efficient decarbonisation of the heating sector, Member States should ensure a level playing field among available technologies and support multi-vectors solutions, by taking into consideration security of supply, cost-effectiveness and flexibility.
Amendment 354 #
2021/0426(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Different options are available to cover the energy needs of an efficient building by energy from low carbon and renewable sources: on-site renewables such as solar thermal, solar photovoltaics, heat pumps and biomass, renewable energy provided by renewable energy communities or citizen energy communities, and district heating and cooling based on renewables or waste heat. and renewable energy supplied from the energy grids;
Amendment 358 #
2021/0426(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Different options are available to cover the energy needs of an efficient building by energy from low-carbon and renewable sources: on-site renewables such as solar thermal, solar photovoltaics, heat pumps and biomass, renewable energy provided by renewable energy communities or citizen energy communities, and district heating and cooling based on renewables or waste heat.
Amendment 373 #
2021/0426(COD)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24 a) With the outmost consideration of the subsidiarity principle, the provisions of this directive should be aligned with the basic principles of the property and tenancy law of the Member States.
Amendment 396 #
2021/0426(COD)
Proposal for a directive
Recital 33
Recital 33
(33) The concept of ‘deep renovation’ has not yet been defined in Union legislation. With a view to achieving the long-term vision for buildings, deep renovation should be defined as a renovation that transforms buildings into zero-emission buildings; in a first step, as a renovation that transforms buildings into nearly zero-energy buildings. This definition serves the purpose of increasing the energy performance of buildings. A deep renovation for energy performance purposes is a prime opportunity to address other aspects such as living conditions of vulnerable households, increasing climate resilience, resilience against disaster risks including seismic resilience, fire and electrical safety, the removal of hazardous substances including asbestos, and accessibility for persons with disabilities.
Amendment 407 #
2021/0426(COD)
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35 a) Integrated district approaches allow for overall renovation concepts for buildings that are spatially related such as housing blocks. Therefore, this Directive should promote the wider use of integrated, participative and district- related approaches that allow for making use of synergies and potential energy savings which would remain untapped when focusing exclusively on individual buildings. Districts should be determined at the discretion of local authorities according to local needs and location in the context of this Directive.
Amendment 437 #
2021/0426(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Financing alone will not deliver on the renovation needs. Together with financing, setting up accessible and transparent advisory tools and assistance instruments such as one-stop-shops that provide integrated energy renovation services or facilitators, as well as implementing other measures and initiatives such as those referred to in the Commission’s Smart Finance for Smart Buildings Initiative, is indispensable to provide the right enabling framework and break barriers to renovation. One-stop- shops can play an important role in connecting potential projects with market players, including citizens, public authorities and project developers, in particular smaller-scale projects as well as guidance on permit procedures, promoting access to funding for building renovation, and helping to disseminate information on terms and conditions.
Amendment 459 #
2021/0426(COD)
Proposal for a directive
Recital 56 a (new)
Recital 56 a (new)
(56 a) A precondition for doubling the renovation rate is not only the financial feasibility of the construction measures - especially in view of the further increase in producer prices for construction materials - but also the availability of sufficient personnel capacities in the construction industry and construction administration. In this respect, the Member States should be given more flexibility in implementing the targets under current market conditions. The affordability of construction and housing should not be put at risk at anytime. Economic unaffordability should lead to exemption from renovation obligations.
Amendment 475 #
2021/0426(COD)
Proposal for a directive
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) the application of minimum energy performance standards to existing buildings and existing building units, that are technically feasible and economically viable, to existing buildings and existing building units and integrated districts with common infrastructure;
Amendment 505 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. ‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fully covered by grid-bound energy from renewable sources, energy from renewable sources generated on-site, from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED] or from a district heating and cooling system, in accordance with the requirements set out in Annex III;
Amendment 536 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. ‘technical building system’ means technical equipment for space heating, space cooling, ventilation, domestic hot water, built-in lighting, building automation and control, solar shading, electrical installations, electric vehicle charging stations, on-site renewable energy generation and storage , or a combination thereof, including those systems using energy from renewable sources, of a building or building unit;
Amendment 545 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
9 a. “Metered” means the measurement of energy by a relevant device, an energy meter, a power meter, a power metering and monitoring device, or an electricity meter.
Amendment 549 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13. ‘energy from renewable sources’ means energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar photovoltaic) , and geothermal energy , ambient energy, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas, and biogasas defined in the Directive (EU) … [Recast RED];
Amendment 582 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
23. ‘whole life-cycle greenhouse gas emissions’ means the combined greenhouse gas emissions associated with the building at all stages of its life-cycle, from the ‘cradle’ (the extraction of the raw materials that are used in the construction of the building) over the material production and processing, and the building’s operation stage, to the ‘grave’ end of its lifetime (the deconstruction of the building and reuse, recycling, other recovery and disposal of its materials);
Amendment 606 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 38 b (new)
Article 2 – paragraph 1 – point 38 b (new)
38 b. 'cooling system' means a combination of components required to provide a form of indoor air treatment, by which the temperature is lowered;
Amendment 620 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 45
Article 2 – paragraph 1 – point 45
45. ‘useful floor area’ means the area of the floor of a building needed as parameter to quantify specific conditions of use that are expressed per unit of floor area and for the application of the simplifications and the zoning and (re- )allocation rules, taking into account existing national and international standards;
Amendment 634 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 49 – point c
Article 2 – paragraph 1 – point 49 – point c
(c) it can be used on-site of the building assessed through a dedicated connection to the energy production source, that dedicated connection requiring specific equipment for the safe supply and metering of energy for self-use of the building assessed;
Amendment 658 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Each Member State shall establish a national building renovation plan to ensure the renovation of the national stock of residential and non-residential buildings, both public and private, into a highly energy efficient and decarbonised building stock by 2050, with the objective to transform existing the existing buildings stock into a zero- emission buildings stock - if this is technically possible and economically reasonable or feasible.
Amendment 685 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
The roadmap referred to in point (b) shall include national targets for 2030, 2040 and 2050 as regards the annual energy renovation rate, the primary and final energy consumption of the national building stock and its operational greenhouse gas emission reductions; specific timelines for buildings to achieve higher energy performance classes than those pursuant to Article 9(1), by 2040 and 2050, in line with the pathway for transforming the national building stock into zero-emission buildings; an evidence- based estimate of expected energy savings and wider benefits; and estimations for the contribution of the building renovation plan, which may be based on an integrated district approach, to achieving the Member State's binding national target for greenhouse gas emissions pursuant to Regulation (EU) .../… [revised Effort Sharing Regulation], the Union’s energy efficiency targets in accordance with Directive (EU) …/…. [recast EED], the Union’s renewable energy targets, including the indicative target for the share of energy from renewable sources in the building sector in accordance with Directive (EU) 2018/2001 [amended RED], and the Union’s 2030 climate target and 2050 climate neutrality goal in accordance with Regulation (EU) 2021/1119.
Amendment 727 #
2021/0426(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 4
Article 5 – paragraph 1 – subparagraph 4
Member States shall review their minimum energy performance requirements at regular intervals which shall not be longer than five years and shall , if necessary, update them in order to reflect technical progress in the building sector , the results of the cost-optimal calculation set out in Article 6, and updated national energy and climate targets and policies . A Member State shall not be required to set minimum energy performance requirements which are not cost-effective over the estimated economic lifecycle.
Amendment 742 #
2021/0426(COD)
Proposal for a directive
Article 5 – paragraph 3 – point d a (new)
Article 5 – paragraph 3 – point d a (new)
(d a) buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance
Amendment 756 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) as of 1 January 2027, new buildings occupied or owned by public authorities; unless these buildings are residential buildings; and
Amendment 773 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall ensure that the life-cycle Global Warming Potential (GWP) is calculated in accordance with Annex III and disclosed through the energy performance certificate of the building, if this is technically possible and economically reasonable or feasible:
Amendment 774 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall ensure that the life-cycle Global Warming Potential (GWP) is calculated in accordance with Annex III and disclosed through the energy performance certificate of the building: if technically, functionally and economically feasible,
Amendment 813 #
2021/0426(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Those requirements shall be applied to the renovated building or building unit as a whole. Additionally or alternatively, requirements may be applied to the renovated building elements. or to integrated districts with common infrastructure.
Amendment 834 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall ensure that, to the extent that it is technically and economically reasonable or feasible, that:
Amendment 910 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c a (new)
Article 9 – paragraph 1 – point c a (new)
(c a) Member States may require an extension of the deadline set in this paragraph, if justified and requested to the European Commission and in accordance with the national building renovation plan referred to in Article 3(1)(a), with regards to specific parts of their building stock.
Amendment 916 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 – point 1 (new)
Article 9 – paragraph 1 – subparagraph 1 – point 1 (new)
(1) Member States may adjust the minimum energy performance standards or set alternative measures with equivalent effect. Member States shall document the equivalence in their roadmap referred to in Article 3(1)(b).
Amendment 938 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) providing technical assistance, including information services, administrative support and integrated renovation services through one-stop- shops;
Amendment 948 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 3 – point e a (new)
Article 9 – paragraph 3 – point e a (new)
(e a) setting the framework to ensure that there is a sufficient workforce with the appropriate level of skills to allow for the implementation of the requirements;
Amendment 951 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 3 – point e b (new)
Article 9 – paragraph 3 – point e b (new)
(e b) promoting and incentivising the cost-effective early replacement of heaters, and any needed resulting optimisation of the related technical building systems.
Amendment 960 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 5 – point e a (new)
Article 9 – paragraph 5 – point e a (new)
(e a) buildings for which renovation is technically not possible or economically not reasonable or feasible.
Amendment 964 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Member States shall take the measures necessary to ensure the implementation of minimum energy performance standards referred to in paragraphs 1 and 2, including appropriate monitoring mechanisms and penalties in accordance with Article 31.
Amendment 981 #
2021/0426(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. By 31 December 2024, Member States shallmay introduce a scheme of renovation passports based on the common framework established in accordance with paragraph 1on the energy performance certificates described in Article 16.
Amendment 1018 #
2021/0426(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shallmay require new buildings, where technically and economically feasible, to be equipped with self-regulating devices for the separate regulation of the temperature in each room or, where justified, in a designated heated zone of the building unit. In existing buildings, the installation of such self- regulating devices shall be required when heat generators are replaced, where technically and economically feasible.
Amendment 1026 #
2021/0426(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shallmay require zero- emission buildings to be equipped with measuring and control devices for the monitoring and regulation of indoor air quality. In existing buildings, the installation of such devices shallmay be required, where technically and economically feasible, when a building undergoes a major renovation.
Amendment 1028 #
2021/0426(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 1048 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) the installation of pre-cabling for every parking space, for example by laying empty pipes, to enable the installation at a later stage of recharging points for electric vehicles - to the extent that this is technically and economically feasible and justifiable; and
Amendment 1056 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
Amendment 1069 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 3
Article 12 – paragraph 1 – subparagraph 3
By way of derogation from the first subparagraph, point (a), for new office buildings and office buildings undergoing major renovation, with more than five parking spaces, Member States shallmay ensure the installation of at least one recharging point for every two parking spaces - to the extent that this is technically and economically feasible and justifiable.
Amendment 1071 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. With regard to all non-residential buildings with more than twenty parking spaces, Member States shall ensure the installation of at least one recharging point for every ten parking spaces, and at least one bicycle parking space for every car parking space, by 1 January 2027 if technically, functionally and economically feasible. In case of buildings owned or occupied by public authorities, Member States shall ensure pre-cabling for at least one in two parking spaces by 1 January 2033.
Amendment 1079 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. With regard to all non-residential buildings with more than twenty parking spaces, Member States shallmay ensure the installation of at least one recharging point for every ten parking spaces, and at least one bicycle parking space for every car parking space, by 1 January 2027by 1 January 2027 - to the extent that this is economically feasible and justifiable. In case of buildings owned or occupied by public authorities, Member States shall ensure pre-cabling for at least one in two parking spaces by 1 January 2033.
Amendment 1085 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. Member States may decide not to lay down or apply the requirements referred to in paragraphs 2 and 3 to buildings owned and occupied by small and medium-sized enterprises as defined in Title I of the Annex to Commission Recommendation 2003/361/EC.
Amendment 1101 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 4 – point b
Article 12 – paragraph 4 – point b
Amendment 1109 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 4 – subparagraph 2
Article 12 – paragraph 4 – subparagraph 2
Amendment 1118 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Member States shall ensure that the recharging points referred to in paragraphs 1, 2 and 4 are capable of smart charging and, where appropriate, bidirectional charging, and that they are operated based on non- proprietary and non-discriminatory communication protocols and standards, in an interoperable manner, and in compliance with any legal standards and protocols in the delegated acts adopted pursuant to Article 19(6) and Article 19(7) of Regulation (EU) …/… [AFIR].
Amendment 1145 #
2021/0426(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall ensure that thechnical building owners, tenants and managsystem's customers can have direct access to their technical building systems’ data. AtUpon their request, the access orconsent, the data shall be made available to a third party. Member States shall subject to the existing contractual agreement. Member States shall mandate the use of international standards and management formats when data is exchanged and facilitate the full interoperability of services and of data exchange within the Union in accordance with paragraph 65.
Amendment 1152 #
2021/0426(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
For the purpose of this Directive, building systems data shall include at least allmeans raw data related to the energy performance of building elements, the energy performance of building services, building automation and control systems, meters, sensors and charging points for e-mobility. Data that infringes the energy service provider’s intellectual property shall not be shared.
Amendment 1160 #
2021/0426(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When laying down the rules regarding the management and exchange of data, Member States or, where a Member State has so provided, the designated competent authorities, shall specify the rules on the access to building systems data by eligible parties in accordance with this Articlefollow the harmonised Union rules set out in the implementing acts as specified in paragraph 5 and the applicable Union legal framework.
Amendment 1176 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States, and the EU, shall provide appropriate financing, support measures and other instruments able to address market barriers and stimulate the necessary investments in energy renovations in line with their national building renovation plan and with a view to the transformation of their building stock into zero-emission buildings by 2050.
Amendment 1182 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall take appropriate regulatory measures to remove non-economic barriers to building renovation. With regard to buildings with more than one building unit, such measures may include removing unanimity requirements in co-ownership structures, or allowing co-ownership structures to be direct recipients of financial support. such as grants and loans for renovation purposes.
Amendment 1212 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 7
Article 15 – paragraph 7
7. Member States shall put in place measures and financing to promote education and training, including in digital technologies, to ensure that there is a sufficient workforce with the appropriate level of skills corresponding to the needs in the building sector.
Amendment 1324 #
2021/0426(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) buildings or building units which are constructed , have undergone a major renovation, are sold or rented out to a new tenant or for which a rental contract is renewed .; and
Amendment 1331 #
2021/0426(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall require that, when buildings or building units are constructed, sold or rented out or when rental contracts are renewed , the energy performance certificate is shown to the prospective tenant or buyer and handed over to the buyer or tenant.
Amendment 1346 #
2021/0426(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The database’s aggregated and anonymised building stock data shall be publicly accessible, in compliance with Union and national data protection rules. Member States shall ensure access to the full energy performance certificate for building owners, tenants and managers, and to financial institutions as regards the buildings in their investment portfolio. For buildings offered for rent or sale, Member States shall ensure access to the full energy performance certificate for prospective tenants or buyers.
Amendment 1371 #
2021/0426(COD)
Proposal for a directive
Article 20 – paragraph 7 – introductory part
Article 20 – paragraph 7 – introductory part
7. Member States shallmay lay down requirements to ensure that, where technically and economically feasible, non- residential buildings with an effective rated output for heating systems or systems for combined space heating and ventilation of over 290 kW are equipped with building automation and control systems 31 December 2024 by. The threshold for the effective rated output shall be lowered to 70 kW by31 December 2029.
Amendment 1374 #
2021/0426(COD)
Proposal for a directive
Article 20 – paragraph 8 – introductory part
Article 20 – paragraph 8 – introductory part
8. Member States shallmay lay down requirements to ensure that from 1 January 2025, new residential buildings and residential buildings undergoing major renovations are equipped with:
Amendment 1390 #
2021/0426(COD)
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1 a. To achieve such sufficient numbers of professionals, Member States shall ensure that sufficient training programmes leading to qualification or certification covering integrated works, and their latest innovative solutions, are made available. Member States shall put in place measures to promote participation in such programmes, in particular by small and medium-sized enterprises and the self-employed. The release of the plan should coincide with the deadline set out in Article 26(4) [recast EED].
Amendment 1396 #
2021/0426(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shallmay ensure that independent control systems for energy performance certificates are established in accordance with Annex VI, and that independent control systems for renovation passports, smart readiness indicators and reports on the inspection of heating and air- conditioning systems are established . Member States may establish separate systems for the control of energy performance certificates , renovation passports, smart readiness indicators and reports on the inspection of heating and air- conditioning systems.
Amendment 1397 #
2021/0426(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shallmay ensure that independent control systems for energy performance certificates are established in accordance with Annex VI, and that independent control systems for renovation passports, smart readiness indicators and reports on the inspection of heating and air- conditioning systems are established . Member States may establish separate systems for the control of energy performance certificates , renovation passports, smart readiness indicators and reports on the inspection of heating and air- conditioning systems.
Amendment 1399 #
2021/0426(COD)
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Member States shallmay require the energy performance certificates , the renovation passports, the smart readiness indicators and the inspection reports referred to in paragraph 1 to be made available to the competent authorities or bodies on request.
Amendment 1414 #
2021/0426(COD)
Proposal for a directive
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 1458 #
2021/0426(COD)
Proposal for a directive
Annex III – point I – paragraph 3 – indent 3
Annex III – point I – paragraph 3 – indent 3
— renewable energy and waste heat from an efficient district heating and cooling system in accordance with Article (24(1) of Directive (EU) …/… [recast EED], using renewable energy and waste heat.
Amendment 1463 #
2021/0426(COD)
Proposal for a directive
Annex III – point I – paragraph 5
Annex III – point I – paragraph 5
Only where, due to the nature of the building or lack of access to renewable energy communities or eligible district heating and cooling systems, it is technically not feasible to fulfil the requirements under the first paragraph, the total annual primary energy use may also be covered by energy from the grid complying with criteria established at national level.
Amendment 209 #
2021/0381(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31 a) Given the importance of political advertising, it is essential that this Regulation ensures a regulatory framework which ensures full, equal and unrestricted access to political advertising and its required transparency information for all recipients of services, including persons with disabilities. Therefore, it is important that accessibility requirements for providers of political advertising services are consistent with existing Union law, such as the European Accessibility Act and the Web Accessibility Directive and that Union law is further developed, so that no one is left behind as result of digital innovation.
Amendment 269 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised transparency obligations for sponsors, providers of political advertising and related services, including publishers, to retain, disclose and publish information connected to the provision of such services;
Amendment 277 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to paid political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used.
Amendment 330 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘sponsor’ means the natural or legal person, citizen of the Union or legally established in its territory, responsible for a political advertisement or on whose behalf a political advertisement is prepared, placed, published or disseminated;
Amendment 389 #
2021/0381(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) where applicable, the identity of the sponsor and its contact details.
Amendment 455 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 4 c (new)
Article 7 – paragraph 4 c (new)
4 c. Online intermediaries in the sense of Regulation (EU) 2021/xxx [the DSA] shall make publicly available the procedure for identity verification of political sponsors. It shall not take longer than 2 working days and must not require more than the strictly necessary for such verification.
Amendment 479 #
2021/0381(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where they provide political advertising services are provided, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and amplification techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements.
Amendment 491 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Where political advertising services are provided, the sponsor shall put mechanisms in place to allow any individual or entity to notify them that a particular advertisement which they have published does not comply with this Regulation. Those mechanisms shall be easy to access, user-friendly, free of charge and allow for the submission of notices exclusively by electronic means.
Amendment 514 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 4 c (new)
Article 9 – paragraph 4 c (new)
4 c. The Commission shall, by means of delegated acts, adopt technical specifications, adapted to the printed media sector and another for offline advertising, for the mechanism referred to in paragraph 1.
Amendment 515 #
2021/0381(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 516 #
2021/0381(COD)
Proposal for a regulation
Article 9 b (new)
Article 9 b (new)
Amendment 562 #
2021/0381(COD)
5. Political advertising publishers making use of targeting or amplification techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under Article 7 a reference to effective means to support individuals exercise their rights under Regulation (EU) 2016/679. The transparency notice shall visibly link to an easily accessible interface in which users can give or refuse their consent, to opt-out from being subject to targeting and amplification techniques as specified in paragraph 1.
Amendment 578 #
2021/0381(COD)
Proposal for a regulation
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2 b. Service providers shall provide the legal representative with necessary powers and sufficient resources to guarantee its efficient and timely cooperation with the Member States’ relevant competent authorities and, where relevant, the Commission.
Amendment 580 #
2021/0381(COD)
Proposal for a regulation
Article 14 – paragraph 2 c (new)
Article 14 – paragraph 2 c (new)
2 c. Service providers shall notify the name, postal address, email address and telephone number of their legal representative to the National Coordinator in the Member State where that legal representative resides or is established. They shall ensure that that information is publicly available, easily accessible, accurate and kept up to date.
Amendment 656 #
2021/0381(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Within two years after each election to the European Parliament and for the first time by 31 December 20265 at the latest, the Commission shall submit a report on the evaluation and review of this Regulation. This report shall assess the need for amendment to this Regulation. The report shall be made public.
Amendment 47 #
2021/0366(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include three elements: information requirements, risk assessment and risk mitigation measures. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation and forest degradation and legality requirements are fulfilled, inter alia by identifying the country and area of production, including geo-location coordinates of relevant plots of landroduction areas. These geo-location coordinates that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it.
Amendment 57 #
2021/0366(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) In order to optimise and unburden the control process of relevant commodities and products entering or leaving the Union market, it is necessary to set up electronic interfaces that allow the automatic data transfer between customs systems and the Information System of competent authorities. The EU Single Window environment for customs is the natural candidate to support such data transfers. The interfaces should be highly automated and easy-to-use, and additional burden for customs authorities should be limited. Moreover, in view of the limited differences between the data to be declared respectively in the customs declaration and the due diligence statement, it is appropriate to propose also a ‘business-to- government’ approach whereby traders and economic operators make available the due diligence statement of a relevant commodity or product via national single window environment for customs and this statement is transmitted automatically to the Information System used by competent authorities. Customs authorities and competent authorities should contribute to determine the data to be transmitted and any other technical requirement.
Amendment 61 #
2021/0366(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The risk of non-compliant commodities and products being placed on the Union market varies depending on the commodity and product as well as on its country of origin and production. OAll operators sourcing commodities and products from countries or parts thereof that present a low risk of growing, harvesting or producing relevant commodities in violation of this Regulation should be subject to fewer obligations, thereby reducing compliance costs and administrative burden. Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities. Operators which are SMEs and microenterprises should also be subject to fewer obligations according to Article 12.
Amendment 62 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
(a) that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation after December 31, 2020the entry into force of this Regulation, and
Amendment 63 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
(b) that the wood has been harvested from the forest without inducing forest degradation after December 31, 2020the entry into force of this Regulation;
Amendment 64 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘operator’ means any natural or legal person who, in the course of a commercial activity, places relevant commodities and products for the first time on the Union market or exports them from the Union market;
Amendment 66 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20 a) “smallholders” are small-scale farmers, pastoralists, forest keepers, fishers who manage areas varying from less than one hectare to 10 hectares. Smallholders are characterised by family- focused motives such as favouring the stability of the farm household system, using mainly family labour for production and using part of the produce for family consumption.
Amendment 69 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Operators shall exercise due diligence prior to placing relevant commodities and products on or prior to their export from the Union market in order to ensure their compliance with Article 3(a) and (b). To that end, they shall use a framework of procedures and measures, hereinafter referred to as a ‘due diligence’, as set out in Article 8. Operators that are SMEs shall only exercise due diligence according to Article 8 (a) and Article 9.
Amendment 77 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Operators that have received new and proved information, including substantiated concerns, that the relevant commodity or product that they have already placed on the market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market. In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production.
Amendment 80 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7 a. In order to avoid duplications of due diligence procedures, the obligations set out in this article do not have to be applied: (a) if products have been processed in the EU and contain ingredients that have already been subject to due diligence procedures according to this Regulation; (b) to the export of relevant commodities and products if the import of it was already subject to due diligence procedures.
Amendment 84 #
2021/0366(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
In case a natural or legal person established outside the Union places on the Union market relevant commodities and products, the first natural or legal person established in the Union who buys or takes possession of such relevant commodities and products and places them on the Union market in the course of a commercial activity shall be considered operator within the meaning of this Regulation.
Amendment 87 #
2021/0366(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. For the purposes of this Regulation, the due diligence shall keep administrative burden to a minimum and include:
Amendment 92 #
2021/0366(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. Operators that are SMEs shall only exercise due diligence according to paragraph 2 (a) of this article.
Amendment 97 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Operators that are not SMEs, shall verify and analyse information collected in accordance with Article 9 and any other relevant documentation, and on this basis carry out a risk assessment to establish whether there is a risk that the relevant commodities and products intended to be placed on or exported from the Union market are non- compliant with the requirements of this Regulation. If the operators cannot demonstrate that the risk of non- compliance is negligible, they shall not place the relevant commodity or product on the Union market nor export it.
Amendment 103 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) the complexity of the relevant supply chain, in particular difficulties in connecting commodities and/or products to the plot of landroduction area where they were produced;
Amendment 114 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 6 – introductory part
Article 10 – paragraph 6 – introductory part
6. Operators that are not SMEs shall have in place adequate and proportionate policies, controls and procedures to mitigate and manage effectively the risks of non- compliance of relevant commodities and products identified. These shall include:
Amendment 115 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 6 – point a
Article 10 – paragraph 6 – point a
(a) model risk management practices, reporting, record-keeping, internal control and compliance management, including for operators that are not SMEs, the appointment of a compliance officer at management level;
Amendment 118 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 6 – point b
Article 10 – paragraph 6 – point b
(b) an independent audit function to check the internal policies, controls and procedures referred to in point (a) for all operators that are not SMEs.
Amendment 123 #
2021/0366(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. When placing relevant commodities or products on the Union market or exporting them from it, operators are not required to fulfil the obligations under Article 10 where they can ascertain that all relevant commodities and products have been produced in countries or parts thereof that were identified as low risk in accordance with Article 27. Operators which are SMEs are also not required to fulfil the obligations under Article 10.
Amendment 127 #
2021/0366(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a By the date of entry into force of this Regulation the Commission shall provide guidance, in particular to SMEs, on how to merge the different due diligence requirements the most efficiently.
Amendment 128 #
2021/0366(COD)
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Article 12 b Smallholders In order to reduce burdens on smallholders as a result of this Regulation, the Commission shall engage with producing countries to remove legal and governance obstacles which impact their compliance with this Regulation and by the entry into force of this Regulation propose guidelines on how to ensure that smallholders do not lose their main source of income because of the requirements set out in this Regulation.
Amendment 134 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1 a. Member States shall ensure that the market surveillance authorities have adequate powers and financial and human resources to effectively perform the obligations set out in this article.
Amendment 137 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. For the purposes of paragraph 1, the corrective action required to be taken by the operator or trader shall include at least one or more of the following:
Amendment 163 #
2021/0366(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) Traders and oOperators to make available the due diligence statement of a relevant commodity or product via national single window environment for customs referred to in Article 8 of Regulation [PO to check the reference number and article number after the proposal is adopted] and receive feedback thereon from competent authorities; and
Amendment 124 #
2021/0171(COD)
Proposal for a directive
Recital 15
Recital 15
(15) A number of Member States have applied Directive 2008/48/EC to areas not covered by its scope to enhance the level of consumer protection. In fact, several of the credit agreements not falling within the scope of that Directive can be detrimental for consumers, including short-term high cost loans whose amount is typically lower than the minimum threshold of EUR 200 set out in Directive 2008/48/EC. In this context, and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market, the scope of this Directive should cover some agreements that were excluded from the scope of Directive 2008/48/EC, such as consumer credit agreements below the amount of EUR 200. Likewise, other potentially detrimental products, because of the high costs they entail or high fees in case of missed payments, should be covered by this Directive, to ensure increased transparency and better consumer protection, resulting in higher consumer confidence. To this extent, leasing agreements, credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month, and credit agreements where the credit is granted free of interest and without any other charges, including Buy Now Pay Later schemes, i.e. new digital financial tools that let consumers make purchases and pay them off over time, andwhere an obligation to purchase the object of the agreement is laid down either by the agreement itself or by any separate agreement, credit agreements in the form of an overdraft facility or overrunning and where the credit has to be repaid within one month but also credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this Directive. Moreover, all credit agreement up until EUR 100 000 should be included in the scope of application of this Directive. The upper threshold of credit agreements under this Directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years.
Amendment 133 #
2021/0171(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Consumers who are legally resident in the Union should not be discriminated against on ground of their nationality or place of residence, or on any ground as referred to in Article 21 of the Charter when requesting, concluding or holding a credit agreement or an agreement for the provision of crowdfunding credit services within the Union. However, nothing in this Directive should be construed to oblige a creditor, credit intermediary or provider of crowdfunding credit services to provide services in Member States in which they do not conduct the business.
Amendment 135 #
2021/0171(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26 a) As there are limited financial products available on the market that encourage digital and green transition, this Directive should create an incentive to develop and offer such financial products on the market.
Amendment 148 #
2021/0171(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to be able to make their decisions in full knowledge of the facts, consumers should receive adequate information, for careful consideration at their own leisure and convenience, at least one daywithin a reasonable time prior to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services, including information on the conditions and cost of the credit and on their obligations, as well as adequate explanations thereof. These rules should be without prejudice to Council Directive 93/13/EEC29 . _________________ 29 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
Amendment 156 #
2021/0171(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Pre-contractual information should be provided through the Standard European Consumer Credit Information form. To help consumers understand and compare offers, a Standard European Consumer Credit Overview form summarising the key element of the creditrelevant information should be provided in addition toat the beginning of the Standard European Consumer Credit Information form, through which consumers should see all essential information at a glance, even on the screen of a mobile telephone. ISuch information should be separated from the rest of pre-contractual information provided on the same form. Furthermore, all information should be clear, clearly legible and adapted to the technical constraints of certain media such as mobile telephone screens. It should be displayed in an adequate and suitable way on the different channels, to ensure that every consumer can access information on an equal basis and in line with Directive (EU) 2019/882 of the European Parliament and of the Council30 . _________________ 30 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
Amendment 171 #
2021/0171(COD)
Proposal for a directive
Recital 45
Recital 45
(45) Member States should take appropriate measures to promote responsible practices during all phases of the credit relationship, taking into account the specific features of their credit market. Those measures mayshould include, for instance, the provision of information to, and the education of, consumers, including warnings about the risks attaching to default on payment and to over- indebtedness. In the expanding credit market, in particular, it is important that creditors should not engage in irresponsible lending or give out credit without prior assessment of creditworthiness. Member States should carry out the necessary supervision to avoid such behaviour of creditors and should determine the necessary means to sanction such behaviour. Without prejudice to the provisions on credit risk of Directive 2013/36/EU of the European Parliament and of the Council32 , creditors or providers of crowdfunding credit services should bear the responsibility of checking individually the creditworthiness of the consumer. To that end, creditors or providers of crowdfunding credit services should be allowed to use information provided by the consumer not only during the preparation of the credit agreement or of the agreement for the provision of crowdfunding credit services in question, but also during a long standing commercial relationship. Consumers should also act with prudence and respect their contractual obligations. _________________ 32 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
Amendment 183 #
2021/0171(COD)
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(47 a) Taking into account the principle of proportionality, this Directive should lay down special rules for assessing the creditworthiness of consumers for ‘small value credit’ as defined in the definition norms. In this regard, data other than those specified in the Directive should not be consulted when assessing creditworthiness.
Amendment 184 #
2021/0171(COD)
Proposal for a directive
Recital 47 b (new)
Recital 47 b (new)
(47 b) As a result of their illness, cancer survivors often suffer from obstacles to their access to financial services, such as credits, owing to the frequent obligation to disclose full medical history when applying to them. This financial discrimination worsens the socioeconomic burden placed on cancer survivors and hampers their reintegration into society. Therefore, this Directive should recognise fully the right for cancer survivors not to inform the creditor or the provider of crowdfunding credit services of their past diagnosis and treatment (The Right to Be Forgotten).
Amendment 200 #
2021/0171(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Consumers should have a right of withdrawal without penalty and with no obligation to provide justification. However, the right of withdrawal should not be used in bad faith that is why this Directive also sets an objective deadline for exercising the right of withdrawal.
Amendment 221 #
2021/0171(COD)
Proposal for a directive
Recital 78
Recital 78
(78) Consumers should have access to adequate, promptly and effective alternative dispute resolution procedures for the settlement of disputes arising out of rights and obligations established under this Directive, using existing entities where appropriate. Such access is already ensured by Directive 2013/11/EU of the European Parliament and of the Council35 in so far as relevant contractual disputes are concerned. However, consumers should also have access to alternative dispute resolution procedures in the event of pre- contractual disputes concerning rights and obligations established by this Directive, for example, in relation to pre-contractual information requirements, advisory services and creditworthiness assessment and also in relation to the information given by credit intermediaries which are remunerated by creditors and therefore have no direct contractual relationship with consumers. Such alternative dispute resolution procedures and the entities offering them should comply with the quality requirements established by Directive 2013/11/EU. _________________ 35 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 63).
Amendment 228 #
2021/0171(COD)
Proposal for a directive
Recital 86 a (new)
Recital 86 a (new)
(86 a) When transposing the Directive, Member States should ensure that the cost of implementing this Directive is neither borne by consumers nor passed on to them.
Amendment 229 #
2021/0171(COD)
Proposal for a directive
Recital 86 b (new)
Recital 86 b (new)
(86 b) Due to the ubiquitous trend of digitalisation and the emergence of new service providers in the consumer credit market, the European Commission should actively monitor the situation on the market and propose review of the Directive if new forms of actors appear whose business is not currently covered by this Directive.
Amendment 243 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point f b (new)
Article 2 – paragraph 2 – point f b (new)
(f b) leasing agreements where an obligation to purchase the object of the agreement is not laid down either by the agreement itself or by any separate agreement;
Amendment 244 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) credit agreements which relate to the deferred payment, free of interests and without any other charges, of an existing debt;
Amendment 291 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘pre-contractual information’ means the information that the consumer needs to be able to compare different credit offers, understand them and take an informed decision on whether to conclude the credit agreement or the agreement for the provision of crowdfunding credit services;
Amendment 309 #
2021/0171(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall require that, when information is provided to consumers in accordance with this Directive, such information is provided timely and without charge to the consumer.
Amendment 314 #
2021/0171(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Refusal to provide services in a Member State where the creditor or, where applicable, credit intermediaries or providers of crowdfunding credit services do not conduct business shall not be considered discrimination.
Amendment 344 #
2021/0171(COD)
Proposal for a directive
Article 8 – paragraph 3 c (new)
Article 8 – paragraph 3 c (new)
3 c. In any case, Member States shall prohibit advertisements based on personalized data for consumer credit products which incites over-indebted consumers to seek credit.
Amendment 399 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point n
Article 10 – paragraph 3 – point n
(n) a warning regarding the consequences of missing or late paymentslegal and financial consequences that non- compliance with specific contractual obligations may lead to;
Amendment 432 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 4 – point f
Article 10 – paragraph 4 – point f
(f) a warning regarding the consequences of missing or late payments including costs in the case of late payments;
Amendment 435 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 4 – point f a (new)
Article 10 – paragraph 4 – point f a (new)
(f a) information about early repayment in accordance to Article 29;
Amendment 437 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 4 – point f b (new)
Article 10 – paragraph 4 – point f b (new)
(f b) the existence of a right of withdrawal.
Amendment 496 #
2021/0171(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 (new)
Article 12 – paragraph 1 – subparagraph 1 (new)
Creditors and, where applicable, credit intermediaries and providers of crowdfunding credit services are required to provide, free of charge, adequate explanations before conclusion of contract with consumer.
Amendment 503 #
2021/0171(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall require that creditors, credit intermediaries and providers of crowdfunding credit services inform consumers in clear and unambiguous manner when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal data.
Amendment 522 #
2021/0171(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The agreement of the consumer to the purchase of ancillary services presented through boxes shall be given by aunambiguous and clear affirmative act establishing a freely given, specific, informed and unambiguous indication of his or her approval to the content and substance associated to the boxes.
Amendment 523 #
2021/0171(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1 (new)
Article 15 – paragraph 2 – subparagraph 1 (new)
Silence or inactivity in no case imply consent to constitute agreement within meaning of this Article.
Amendment 546 #
2021/0171(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
In particular, Member States shall prohibit the introduction of a new overdraft facility or overrunning agreement or the raising of the limit of an existing overdraft facility or overrunning agreement, without the consumer’s prior request or explicit agreement.
Amendment 554 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall require that, before concluding a credit agreement, or an agreement for the provision of crowdfunding credit services, the creditor or, where applicable, the provider of crowdfunding credit services makes a thoroughcomprehensive assessment of the consumer’s creditworthiness. That assessment shall be done in the interest of the consumer, to prevent irresponsible lending practices and over-indebtedness, and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services.
Amendment 571 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation and data collected from social networks shall not be processed or used to perform creditworthiness assessments.
Amendment 575 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
2 b. Member States shall ensure that the implementation of this Directive guarantees the ‘Right to Be Forgotten’.
Amendment 599 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Member States shall ensure that where a creditor or a provider of crowdfunding credit services concludes a credit agreement or an agreement for the provision of crowdfunding credit services with a consumer, the creditor or provider of crowdfunding credit services shall not subsequently cancel or alter the credit agreement or the agreement for the provision of crowdfunding credit services to the detriment of the consumer on the grounds that the assessment of creditworthiness was incorrectly conducted. This paragraph shall not apply where it is demonstrated that the consumer has not acted in good faith and especially if the consumer knowingly withheld or falsified the information provided to the creditor or the provider of crowdfunding credit services referred to in paragraph 2.
Amendment 616 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 6 – point c
Article 18 – paragraph 6 – point c
(c) express his or her point of view and contest the assessment of the creditworthiness and the decisionrequest a review and new decision on the granting of the credit by the creditor or the provider of crowdfunding credit services.
Amendment 639 #
2021/0171(COD)
Proposal for a directive
Article 19 – paragraph 4 – subparagraph 1 (new)
Article 19 – paragraph 4 – subparagraph 1 (new)
Member States shall ensure that consumers are notified within thirty days of the registration of any negative credit data in a database, informing them of the possibility of exercising their right of access, rectification, erasure and opposition, in line with Regulation (EU) n°2016/679 (GDPR).
Amendment 655 #
2021/0171(COD)
Proposal for a directive
Article 23 – paragraph 2 – point c
Article 23 – paragraph 2 – point c
(c) the new reference rate is made publicly available in a timely manner and by appropriate means;
Amendment 680 #
2021/0171(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2 a (new)
Article 26 – paragraph 1 – subparagraph 2 a (new)
The right of withdrawal referred to in the first subparagraph shall in any event lapse two years and 14 calendar days after the conclusion of the credit agreement or the agreement for the provision of crowdfunding credit services. Within this period, the right of withdrawal shall also lapse, when the contract has been fully completed by both parties. That right of withdrawal shall not lapse if the consumer has not been informed about his right of withdrawal at all.
Amendment 694 #
2021/0171(COD)
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2 a. The calculation of the compensation due to the creditor shall be transparent and comprehensible to consumers already at the pre-contractual stage and in any case during the performance of the credit agreement
Amendment 130 #
2021/0170(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The precautionary principle is a fundamental principle forSince the cooperation between market surveillance authorities and custom authorities is key in order to avoid unsafe products ensutering the safety of products and consumers and should therefore be taken into due account by all relevant actors when applying this Regulation.ingle market, more financial and human resources for these authorities are needed in order to properly fulfil their tasks;
Amendment 132 #
2021/0170(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a productsafety, hazards associated with the product, like physical and mechanical resistance, flammability, chemical, electrical or biological properties, hygiene and radioactivity, should be taken into consideration in the application of this Regulation in as much as it cansuch hazards also ultimately result in a risk to the health and safety of consumers. _________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.
Amendment 139 #
2021/0170(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The requirements laid down in this Regulation should apply to second hand products or products that are repaired, refurbished or recycled that re-enter the supply chain in the course of a commercial activity, except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards, such as antiques or products which are presented as to be repaired or to be refurbished. Consumer to consumer activities do not fulfil the commercial activity requirement and should therefore be excluded from this legislation.
Amendment 144 #
2021/0170(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) New technologies might also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or changing its characteristics.
Amendment 149 #
2021/0170(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Digital items that are linked to a product are also products, even if they are not a tangible item and they should therefore fall under the scope of application of this Regulation.
Amendment 151 #
2021/0170(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) In order for economic operators that are SMEs and micro-businesses to be able to cope with the new obligations imposed by this Regulation, the Commission should provide them with practical guidelines and tailored guidance, for example a direct channel to connect to experts in case of questions. The Commission might also consider simplifications in order to limit their administrative burden.
Amendment 152 #
2021/0170(COD)
Proposal for a regulation
Recital 24 b (new)
Recital 24 b (new)
(24b) The obligations of economic operators should be as less of an administrative burden as possible and some of the obligations should be limited to products with a potential serious risk. If digital consumer information tools are available, the economic operators should be allowed to make use of them to ensure a sustainable way of information. However, upon request of the consumer, the relevant information should also be provided free of charge on paper.
Amendment 159 #
2021/0170(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. They could also be considered as economic operators if they are the manufacturer, importer, distributor or a fulfilment service provider of the respective product.
Amendment 162 #
2021/0170(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Given the important role played by online marketplaces when intermediating the sale of products between traders and consumers, such actors should have more responsibilities in tackling the sale of dangerous products online. Directive 2000/31/EC of the European Parliament and of the Council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC30 regulates the responsibility and accountabilityduties of providers of intermediary services online with regard to illegal contents, including unsafe products. That. Lex specialis Article 20 of this Regulation applies without prejudice to the rules laid down by Union law on consumer protection and product safety. Accordingly, building on the horizontal legal framework provided by that Regulation, specific requirements essential to effectively tackle the sale of dangerous products online should be introduced, in line with Article [1(5), point (h)] of that Regulationin the Digital Services Act in order to effectively tackle the sale of dangerous products online. _________________ 29 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') - OJ L 178, 17.7.2000, p. 1–16. 30 Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 165 #
2021/0170(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety. The PHowever, the progress reports on the implementation of the product Ssafety Ppledge has proved its rationale in enhancing theve outlined a lack of progress in some of the voluntary commitments on product safety and therefore the aim of protection ofng consumers against dangerous products sold online. Nonetheless, its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level- playing field could not be successfully reached by this pledge until now.
Amendment 167 #
2021/0170(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Online marketplaces should act with due care in relation to the content hostsafety of products placed on their online interfaces that concerns safety of products, in accordance with the specific obligations laid down in this Regulation. Accordingly, due diligence obligations for all online marketplaces should be established in relation to the content hosted on their online interfaces that concerns safety of products and at the same time administrative burden should be kept to a minimum in order to allow for a level- playing field.
Amendment 174 #
2021/0170(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) TAs specific monitoring obligations, the obligations imposed by this Regulation on online marketplaces should neitherot amount to a general obligation to monitor the information whichen they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless, expeditiously products are checked with "Safety Gate" before placing them on their website. Online marketplaces should also avoid the reappearing of unsafe products on their interfaces and to remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.
Amendment 176 #
2021/0170(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Even where tThe Safety Gate should be modernised and updated in order to make it easier for the economic operators and online marketplaces to detect unsafe products. The information from the Safety Gate does notshould contain an exact uniform resource locator (URL) and, where necessary, additional information enabling the identification of the illegal content concernedunsafe product. Additionally, online marketplaces should nevertheless take into account the transmitted information, such as product identifiers, when available, and other traceability information, in the context of any measures adopted by online marketplaces on their own initiative aiming at detecting, identifying, removing or disabling access to dangerous products offered on their marketplace, where applicable.
Amendment 176 #
2021/0170(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The precautionary principle is a fundamental principle for ensuring the safety of products and consumers and should therefore be taken into due account by all relevant actors when applying this RegulationSince the cooperation between market surveillance authorities and custom authorities is key in order to avoid unsafe products entering the single market, more financial and human resources for these authorities are needed in order to properly fulfil their tasks.
Amendment 177 #
2021/0170(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a productsafety, hazards associated with the product, like physical and mechanical resistance, flammability, chemical, electrical or biological properties, hygiene and radioactivity, should be taken into consideration in the application of this Regulation in as much as it cansuch hazards also ultimately result in a risk to the health and safety of consumers. __________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.
Amendment 178 #
2021/0170(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) For the purposes of [Article 19] of Regulation (EU) …/…[the Digital Services Act], and concerning the safety of products sold online, the Digital Services Coordinator should consider in particular consumer organisations and, associations representing consumers’ interest and other relevant stakeholders, upon their request, as trusted flaggers, provided that the conditions set out in that article have been met.
Amendment 181 #
2021/0170(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act]concerning the traceability of traders, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. Such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the trader.
Amendment 182 #
2021/0170(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The requirements laid down in this Regulation should apply to second hand products or products that are repaired, refurbished or recycled that re-enter the supply chain in the course of a commercial activity, except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards, such as antiques or products which are presented as to be repaired or to be refurbished. Consumer to consumer activities like a garage sale do not fulfil the commercial activity requirement and should therefore be excluded from this legislation;
Amendment 187 #
2021/0170(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) New technologies might also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or changing its characteristics.
Amendment 191 #
2021/0170(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 195 #
2021/0170(COD)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) Market surveillance authorities should carry out mystery shopping on a regular basis, at least once a year, including on online marketplaces and in particular on products that have been mostly listed on the Safety Gate.
Amendment 196 #
2021/0170(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) The Union rapid information system (RAPEX) has proved its effectiveness and efficiency. It enablesneeds to be updated and modernised in order to enable more efficient corrective measures to be taken across the Union in relation to products that present a risk beyond the territory of a single Member State. It is opportune, though, to change the used abbreviated name from RAPEX to Safety Gate for greater clarity and better outreach to consumers. Safety Gate comprises a rapid alert system on dangerous non-food products whereby national authorities and the Commission can exchange information on such products, a web portal to inform the public (Safety Gate portal) and an interface to enable businesses to comply with their obligation to inform authorities and consumers of dangerous products (Safety Business Gateway). Additionally it has to provide an interoperable interface to enable online marketplaces to check the products on their website with the products listed on Safety Gate in an easy, quick and reliable way.
Amendment 200 #
2021/0170(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Digital items that are linked to a product are also products, even if they are not a tangible item and they should therefore fall under the scope of application of this Regulation.
Amendment 204 #
2021/0170(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Market surveillance authorities mightshould carry out joint activities with other authorities or organisations representing economic operators or end users, with a view to promoting safety of products and identifying dangerous products, including those that are offered for sale online. In doing so the market surveillance authorities and the Commission, as appropriate, should ensure that the choice of products and producers as well as the activities performed does not create situations which might distort competition or affect the objectivity, independence and impartiality of the parties.
Amendment 205 #
2021/0170(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) Simultaneous coordinated control actions (‘sweeps’) are specific enforcement actions that can further enhance product safety. In particular and therefore should be conducted on a regular basis to detect online and offline infringements to this Regulation. Additionally, sweeps should be conducted where market trends, consumer complaints or other indications suggest that certain product categories are often found to present a serious risk.
Amendment 205 #
2021/0170(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) In order for economic operators that are SMEs and micro-businesses to be able to cope with the new obligations imposed by this Regulation, the Commission should provide them with practical guidelines and tailored guidance, for example, a direct channel to connect to experts in case of questions. The Commission might also consider simplifications in order to limit their administrative burden.
Amendment 206 #
2021/0170(COD)
Proposal for a regulation
Recital 24 b (new)
Recital 24 b (new)
(24 b) The obligations of economic operators should be as less of an administrative burden as possible and some of the obligations should be limited to products with a potential serious risk. If digital consumer information tools are available, the economic operators should be allowed to make use of them to ensure a sustainable way of information. However, upon request of the consumer, the relevant information should also be provided free of charge on paper.
Amendment 214 #
2021/0170(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. They could also be considered as economic operators if they are the manufacturer, importer, distributor or a fulfilment service provider of the respective product.
Amendment 215 #
2021/0170(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Given the important role played by online marketplaces when intermediating the sale of products between traders and consumers, such actors should have more responsibilities in tackling the sale of dangerous products online. Directive 2000/31/EC of the European Parliament and of the Council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC30 regulates the responsibility and accountabilityduties of providers of intermediary services online with regard to illegal contents, including unsafe products. That. Lex specialis Article 20 of this Regulation applies without prejudice to the rules laid down by Union law on consumer protection and product safety. Accordingly, building on the horizontal legal framework provided by that Regulation, specific requirements essential to effectively tackle the sale of dangerous products online should be introduced, in line with Article [1(5), point (h)] of that Regulation.in the Digital Services Act in order to effectively tackle the sale of dangerous products online __________________ 29 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') - OJ L 178, 17.7.2000, p. 1–16. 30 Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 219 #
2021/0170(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety. The PHowever, the progress reports on the implementation of the product Ssafety Ppledge has proved its rationale in enhancing theve outlined a lack of progress in some of the voluntary commitments on product safety and therefore the aim of protection ofng consumers against dangerous products sold online. Nonetheless, its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level- playing field could not be successfully reached by this pledge until now.
Amendment 221 #
2021/0170(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Online marketplaces should act with due care in relation to the content hostsafety of products placed on their online interfaces that concerns safety of products, in accordance with the specific obligations laid down in this Regulation. Accordingly, due diligence obligations for all online marketplaces should be established in relation to the content hosted on their online interfaces that concerns safety of products and at the same time administrative burden should be kept to a minimum in order to allow for a level- playing field.
Amendment 225 #
2021/0170(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) equipment on which consumers ride or travel which is not driven by the consumer themselves but operated by a service provider within the context of a service provided to consumers;
Amendment 226 #
2021/0170(COD)
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1 (new)
Article 2 – paragraph 2 – subparagraph 1 (new)
(j) consumer to consumer activities, in which the consumers are selling used or self-made products to other consumers and therefore not fulfil the commercial activity requirement;
Amendment 227 #
2021/0170(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 227 #
2021/0170(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) TAs specific monitoring obligations, the obligations imposed by this Regulation on online marketplaces shwould neithernot amount to a general obligation to monitor the information whichen they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless, expeditiously products are checked with "Safety Gate" before placing them on their website. Online marketplaces should also avoid the reappearing of unsafe products on their interfaces and remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.
Amendment 229 #
2021/0170(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Even where tThe Safety Gate should be modernised and updated in order to make it easier for the economic operators and online marketplaces to detect unsafe products. The information from the Safety Gate does notshould contain an exact uniform resource locator (URL) and, where necessary, additional information enabling the identification of the illegal content concernedunsafe product. Additionally, online marketplaces should nevertheless take into account the transmitted information, such as product identifiers, when available, and other traceability information, in the context of any measures adopted by online marketplaces on their own initiative aiming at detecting, identifying, removing or disabling access to dangerous products offered on their marketplace, where applicable.
Amendment 231 #
2021/0170(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) For the purposes of [Article 19] of Regulation (EU) …/…[the Digital Services Act], and concerning the safety of products sold online, the Digital Services Coordinator should consider in particular consumer organisations and associations representing consumers’ interest and other relevant stakeholders, upon their request, as trusted flaggers, provided that the conditions set out in that article have been met.
Amendment 232 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘product’ means any tangible or intangible item, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;
Amendment 234 #
2021/0170(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act]concerning the traceability of traders, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. Such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the trader.
Amendment 236 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;
Amendment 243 #
2021/0170(COD)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47 a) Market surveillance authorities should carry out mystery shopping on a regular basis, at least once a year, including on online marketplaces and in particular on products that have been mostly listed on the Safety Gate.
Amendment 244 #
2021/0170(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) The Union rapid information system (RAPEX) has proved its effectiveness and efficiency. It enablesneeds to be updated and modernised in order to enable more efficient corrective measures to be taken across the Union in relation to products that present a risk beyond the territory of a single Member State. It is opportune, though, to change the used abbreviated name from RAPEX to Safety Gate for greater clarity and better outreach to consumers. Safety Gate comprises a rapid alert system on dangerous non-food products whereby national authorities and the Commission can exchange information on such products, a web portal to inform the public (Safety Gate portal) and an interface to enable businesses to comply with their obligation to inform authorities and consumers of dangerous products (Safety Business Gateway). Additionally it has to provide an interoperable interface to enable online marketplaces to check the products on their website with the products listed on Safety Gate in an easy, quick and reliable way.
Amendment 245 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
23. ‘recall’ means any measure aimed at achieving the return of a dangerous product that has already been made available to the consumer;
Amendment 259 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Where the presumption of safety laid down in Article 56 does not apply, the following aspects shall be taken into account in particular when assessing whether a product is safe:
Amendment 262 #
2021/0170(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Market surveillance authorities mightshould carry out joint activities with other authorities or organisations representing economic operators or end users, with a view to promoting safety of products and identifying dangerous products, including those that are offered for sale online. In doing so the market surveillance authorities and the Commission, as appropriate, should ensure that the choice of products and producers as well as the activities performed does not create situations which might distort competition or affect the objectivity, independence and impartiality of the parties.
Amendment 265 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
(e) the categories of consumers at risk when using the product, in particular vulnerable consumers such as children, including the age labelling of products regarding their suitability of legality for children, and older people and persons with disabilities;
Amendment 265 #
2021/0170(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) Simultaneous coordinated control actions (‘sweeps’) are specific enforcement actions that can further enhance product safety. In particular and therefore should be conducted on a regular basis to detect online and offline infringements to this Regulation. Additionally, sweeps should be conducted where market trends, consumer complaints or other indications suggest that certain product categories are often found to present a serious risk.
Amendment 266 #
2021/0170(COD)
(f) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics and may therefore be placed in the mouth, sucked or ingested by the consumer, especially by children, and which might cause, for example, suffocation, poisoning, the perforation or obstruction of the digestive tract;
Amendment 284 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. For digital connected products likely to impact children, manufacturers shall conduct a child risk assessment ensuring their products meet the highest standards of safety, security and privacy by design.
Amendment 286 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Manufacturers shall investigate the complaints received that concern products they made available on the market, and which have been identified as dangerous by the complainant, and shall keep a register of these complaints as well as of product recalls.
Amendment 288 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, like a customer service, allowing the consumers to file complaints and to inform them of any accident or safety issue they have experienced with the product.
Amendment 295 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Manufacturers shall keepinform distributors, importers and, online marketplaces and fulfilment service providers in the concerned supply chain informedwithout undue delay of any safety issue that they have identified.
Amendment 297 #
2021/0170(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) equipment on which consumers ride or travel which is not driven by the consumers themselves but operated by a service provider within the context of a service provided to consumers;
Amendment 299 #
2021/0170(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 300 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. Manufacturers shall draw up technical documentation of the product that might present a serious risk. The technical documentation shall contain, as appropriate:
Amendment 305 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep the technical documentation according to paragraph 4, for a period of ten years after the product has been placed on the market and make it available to the market surveillance authorities, upon request.
Amendment 306 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘product’ means any tangible or intangible item, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;
Amendment 308 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a digital document accompanying the product. Upon request of the consumer, it should be made available on paper and free of charge.
Amendment 314 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;
Amendment 322 #
2021/0170(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) where they have a reason to believe that a product in question presents a risk, inform the manufacturer and additionally, if necessary, the importer, the distributor and the fulfilment service provider without undue delay;
Amendment 327 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where an importer considers or has reason to believe that a product is not in conformity with Article 5 and Article 8(4), (6) and (7), he or she shall not place the product on the market until it has been brought into conformity. Furthermore, where the product is not safe, the importer shall inform the manufacturer and ensure that the market surveillance authorities are informedwithout undue delay.
Amendment 331 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
23. ‘recall’ means any measure aimed at achieving the return of a dangerous product that has already been made available to the consumer;
Amendment 341 #
2021/0170(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Before making a product available on the market, distributors shall verify that the manufacturer and the importer have complied with the requirements set out in Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
Amendment 355 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Economic operators shall be established in the EU or have a representative person in the EU in order to place a product covered by this Regulation on the single market, therefore the Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 applicable to harmonised products shall also apply to products covered by this Regulation. For the purposes of this Regulation, references to “Union harmonisation legislation” in Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall be read as “Regulation […]”.
Amendment 356 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Where the presumption of safety laid down in Article 56 does not apply, the following aspects shall be taken into account in particular when assessing whether a product is safe:
Amendment 360 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out sample testing of randomly chosen productscategories of products listed most frequently on the Safety Gate made available on the market. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.
Amendment 363 #
2021/0170(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 364 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) the presentation of the product, the labelling, including the age labelling of products regarding their suitability of legality for children, any warnings and instructions for its safe use and disposal, and any other indication or information regarding the product;
Amendment 367 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
(e) the categories of consumers at risk when using the product, in particular vulnerable consumers such as children, including the impact of digital and connected products on their mental health, and older people and persons with disabilities;
Amendment 368 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics and may therefore be placed in the mouth, sucked or ingested by the consumer, especially by children, and which might cause, for example, suffocation, poisoning, the perforation or obstruction of the digestive tract;
Amendment 369 #
2021/0170(COD)
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. TIn cooperation with relevant stakeholders, the Commission is empowered to adopt delegated acts in accordance with Article 41 six months after the entry into force of this Regulation at the latest to supplement this Regulation by:
Amendment 376 #
2021/0170(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) information to identify the product, including its type and, when available, batch or serial number and any other product identifier;
Amendment 379 #
2021/0170(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The manufacturer shall ensure that, through the Safety Business Gateway referred to in Article 25, an accident caused by aresulting in severe injuries or serious danger to life which was caused by a defect of the product placed or made available on the market is notified, within two working dout undue delays from the moment it knows about the facts of the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.
Amendment 383 #
2021/0170(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The importers and the distributors which have knowledge of an accident according to paragraph 1 caused by a product that they placed or made available on the market shall inform the manufacturer, which can instruct the importer or one of the distributors to proceed to the notification, without undue delay.
Amendment 393 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. For digital connected products likely to impact children, manufacturers shall conduct a child risk assessment ensuring their products meet the highest standards of safety, security and privacy by design.
Amendment 397 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Manufacturers shall investigate the complaints received that concern products they made available on the market, and which have been identified as dangerous by the complainant, and shall keep a register of these complaints as well as of product recalls.
Amendment 402 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, like a customer service, allowing the consumers to file complaints and to inform them of any accident or safety issue they have experienced with the product.
Amendment 409 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Personal data stored in the register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous product. Such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than five years after they have been encodedfor present and future recalls.
Amendment 410 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. As far as powers conferred by Member States in accordance to Article 14 of Regulation (EU) 2019/1020 are concerned, Member States shall confer on their market surveillance authorities the power, for all products covered by this Regulation, to order an online marketplace to remove specific illegal content referring to a dangerous product from its online interface, to disable access to it or to display an explicit warning to end users when they access it and to avoid its reappearance. Such orders shall contain a clear statement of reasons and specify one or more exact uniform resource locators and, where necessary, all available additional information enabling the identification of the illegal content concerneddangerous product concerned ideally without further research. They may be transmitted by means of the Safety Gate portal.
Amendment 412 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay, and in any even. If the information provided by the market surveillance authorities contains enough details to identify the dangerous product immediately, the online marketplaces shall act within 24 hours. If online marketplaces have to carry out additional research in order to identify the product, then it shall act within two working days in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gate.
Amendment 413 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Manufacturers shall keepinform distributors, importers and, online marketplaces in the concerned supply chain informed of any safety issueand fulfilment service providers in the concerned supply chain without undue delay of any dangerous product that they have identified.
Amendment 417 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall inform the authority that made the notification to the Safety Gatecreate a connection to the Safety Gate, through for example an application programme interface, that enables them to quickly and efficiently check the Safety Gate before placing products on their websites and to receive alerts that a product has been notified in the system and therefore ensures that products offered for sale are safe. They shall inform the authority of any action taken by using the contacts of the market surveillance authority published in the Safety Gate.
Amendment 418 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. Manufacturers shall draw up technical documentation of the product that might present a serious risk. The technical documentation shall contain, as appropriate:
Amendment 419 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within fivetwo working days, in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.
Amendment 427 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep the technical documentation according to paragraph 4, for a period of ten years after the product has been placed on the market and make it available to the market surveillance authorities, upon request.
Amendment 428 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a digital document accompanying the product. Upon request of the consumer, it should be made available on paper and free of charge.
Amendment 433 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point a
Article 20 – paragraph 6 – point a
(a) cooperating to ensure effective product recalls, including by abstaining from putting obstacles to product recalls and publishing the recall notice on their website;
Amendment 435 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point d
Article 20 – paragraph 6 – point d
(d) allowing access to their interfaces for the online tools operated by market surveillance authorities to identify dangerous products while respecting sensitive business information;
Amendment 438 #
2021/0170(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4a. Market surveillance authorities shall carry out mystery shopping including on online shopping marketplaces, on a regular basis in order to particularly check the safety of product categories that are most frequently flagged on the Safety Gate;
Amendment 441 #
2021/0170(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Commission shall further develop and maintain aodernise the rapid alert system for the exchange of information on corrective measures concerning dangerous products (‘the Safety Gate’), as well as enhance its efficiency, in particular by providing a interoperable interface for online marketplaces to link their website with the Safety Gate, so that they can easily, quickly and reliably check products and product categories.
Amendment 444 #
2021/0170(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. The Commission shall adopt implementing acts specifying the interoperable interface on the Safety Gate according to Art. 23 para. 1, in particular concerning the access to the system and its operation. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).
Amendment 446 #
2021/0170(COD)
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1
Article 24 – paragraph 2 – subparagraph 1
The notification shall be submitted in the Safety Gate within twofour working days from the adoption of the corrective measure.
Amendment 452 #
2021/0170(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission shall maintain an easy-accessible web portal enabling the economic operators to provide market surveillance authorities and consumers with the information referred to in Articles 8(11), 9(2) point c), 10(8), 11(3), 11(4) and Article 19.
Amendment 463 #
2021/0170(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) where they have a reason to believe that a product in question presents a riskis not safe, inform the manufacturer and additionally, if necessary, the importer, the distributor and the fulfilment service provider without undue delay;
Amendment 467 #
2021/0170(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Market surveillance authorities may decide toshall conduct simultaneous coordinated control actions (“sweeps”) of particular product categories ton a regular basis, at least once a year, in which they check compliance with or to detect online and offline infringements to this Regulation.
Amendment 473 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where an importer considers or has reason to believe that a product is not in conformity with Article 5 and Article 8(4), (6) and (7), he or she shall not place the product on the market until it has been brought into conformity. Furthermore, where the product is not safe, the importer shall inform the manufacturer and ensure that the market surveillance authorities are informedwithout undue delay.
Amendment 477 #
2021/0170(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’), economic operators, in accordance with their respective obligations as provided for in Articles 8, 9, 10 and 11, shall directly notify all affected consumers that they can identify. Economic operators who collect their customers’ personal data shall make use of this information for recalls and safety warnings. Taking due account of data protection, online marketplaces shall help economic operators in case they have sold the respective product on their marketplace to obtain the specific customer data needed in order to perform an efficient recall.
Amendment 481 #
2021/0170(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. If not all affected consumers can be contacted directly even not with the help of the online marketplaces according to paragraph 1 of this Article, economic operators, in accordance with their respective responsibilities, shall disseminate a recall notice or safety warning through other appropriate channels, ensuring the widest possible reach including, where available: the company’s website, social media channels, newsletters and retail outlets and, as appropriate, announcements in mass media and other communication channels. Information shall be accessible to consumers with disabilities.
Amendment 494 #
2021/0170(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Before making a product available on the market, distributors shall verify that the manufacturer and the importer have complied with the requirements set out in Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
Amendment 495 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 8 a (new)
Article 40 – paragraph 8 a (new)
8a. where the penalties cover only a low amount.
Amendment 498 #
2021/0170(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Distributors who consider or have reason to believe, on the basis of the information in their possession, that a product is not in conformity with the provisions referred to in paragraph 2, shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product is not safe, the distributor and shall immediately inform the manufacturer or the importer, as applicable, to that effect and shall make sure that, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities are informed.
Amendment 499 #
2021/0170(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
It shall apply from [612 months after the entry into force of this Regulation].
Amendment 513 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Economic operators shall be established in the EU or have a representative person in the EU in order to place a product covered by this Regulation on the single market, therefore the Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 applicable to harmonised products shall also apply to products covered by this Regulation. For the purposes of this Regulation, references to “Union harmonisation legislation” in Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall be read as “Regulation […]”.
Amendment 524 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out sample testing of randomly chosen productscategories of products listed most frequently on the Safety Gate made available on the market. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.
Amendment 530 #
2021/0170(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Small, medium and micro-enterprises 1. In order for economic operators that are SMEs and micro-businesses to be able to fulfil the new obligations according to Art. 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20 of this Regulation, the Commission shall provide them with practical guidelines and tailored guidance which include practical simplifications from the new obligations, where possible, in order to limit their administrative burden. At the same time financial support shall be provided. 2. The Commission is empowered to adopt delegated acts in accordance with Article 41 in order to guarantee support for SMEs and micro-enterprises according to paragraph 1.
Amendment 539 #
2021/0170(COD)
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. TIn cooperation with relevant stakeholders, the Commission is empowered to adopt delegated acts in accordance with Article 41 six months after the entry into force of this Regulation at the latest to supplement this Regulation by:
Amendment 549 #
2021/0170(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) information to identify the product, including its type and, when available, batch or serial number and any other product identifier;
Amendment 554 #
2021/0170(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The manufacturer shall ensure that, through the Safety Business Gateway referred to in Article 25, an accident caused by aresulting in severe injuries or serious danger to life which was caused by a defect of the product placed or made available on the market is notified, within two working dout undue delays from the moment it knows about the facts of the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.
Amendment 559 #
2021/0170(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The importers and the distributors which have knowledge of an accident according to paragraph 1 caused by a product that they placed or made available on the market shall inform the manufacturer, which can instruct the importer or one of the distributors to proceed to the notification, without undue delay.
Amendment 576 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. As far as powers conferred by Member States in accordance to Article 14 of Regulation (EU) 2019/1020 are concerned, Member States shall confer on their market surveillance authorities the power, for all products covered by this Regulation, to order an online marketplace to remove specific illegal content referring to a dangerous product from its online interface, to disable access to it or to display an explicit warning to end users when they access it and to avoid its reappearance. Such orders shall contain a clear statement of reasons and specify one or more exact uniform resource locators and, where necessary, all available additional information enabling the identification of the illegal content concerneddangerous product concerned ideally without further research. They may be transmitted by means of the Safety Gate portal.
Amendment 577 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay, and in any even. If the information provided by the market surveillance authorities contains enough details to identify the dangerous product immediately, the online marketplaces shall act within 24 hours. If online marketplaces have to carry out additional research in order to identify the product, then it shall act within two working days in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gate.
Amendment 584 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall inform the authority that made the notification to the Safety Gatecreate a connection to the Safety Gate, through for example an application programme interface, that enables them to quickly and efficiently check the Safety Gate before placing products on their websites and to receive alerts that a product has been notified in the system and therefore ensures that products offered for sale are safe. They shall inform the authority of any action taken by using the contacts of the market surveillance authority published in the Safety Gate.
Amendment 590 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within fivetwo working days, in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.
Amendment 615 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point a
Article 20 – paragraph 6 – point a
(a) cooperating to ensure effective product recalls, including by abstaining from putting obstacles to product recalls and publishing the recall notice on their website;
Amendment 620 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point d
Article 20 – paragraph 6 – point d
(d) allowing access to their interfaces for the online tools operated by market surveillance authorities to identify dangerous products while respecting sensitive business information;
Amendment 641 #
2021/0170(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. Market surveillance authorities shall carry out mystery shopping including on online shopping marketplaces, on a regular basis in order to particularly check the safety of product categories that are most frequently flagged on the Safety Gate;
Amendment 646 #
2021/0170(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Commission shall further develop and maintain aodernise the rapid alert system for the exchange of information on corrective measures concerning dangerous products (‘the Safety Gate’)., as well as enhance its efficiency, in particular by providing a interoperable interface for online marketplaces to link their website with the Safety Gate, so that they can easily, quickly and reliably check products and product categories;
Amendment 647 #
2021/0170(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2 a. The Commission shall adopt implementing acts specifying the interoperable interface on the Safety Gate according to Art. 23 para. 1, in particular concerning the access to the system and its operation. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3);
Amendment 653 #
2021/0170(COD)
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1
Article 24 – paragraph 2 – subparagraph 1
The notification shall be submitted in the Safety Gate within twofour working days from the adoption of the corrective measure.
Amendment 664 #
2021/0170(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission shall maintain an easy-accessible web portal enabling the economic operators to provide market surveillance authorities and consumers with the information referred to in Articles 8(11), 9(2) point c), 10(8), 11(3), 11(4) and Article 19.
Amendment 701 #
2021/0170(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Market surveillance authorities may decide toshall conduct simultaneous coordinated control actions (“sweeps”) of particular product categories ton a regular basis, at least once a year, in which they check compliance with or to detect online and offline infringements to this Regulation.
Amendment 721 #
2021/0170(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The Commission, by means of an implementing act, shall adopt the modalities for the sending of information by consumers in accordance with paragraph 2, as well as for the transmission of such information to the concerned national authorities for possible follow up. The Commission shall make sure that the information made by the consumer cannot be published before its accuracy has been verified. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 42(3).
Amendment 722 #
2021/0170(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’), economic operators, in accordance with their respective obligations as provided for in Articles 8, 9, 10 and 11, shall directly notify all affected consumers that they can identify. Economic operators who collect their customers’ personal data shall make use of this information for recalls and safety warnings. Taking due account of data protection, online marketplaces shall help economic operators in case they have sold the respective product on their marketplace to obtain the specific customer data needed in order to perform an efficient recall.
Amendment 733 #
2021/0170(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. If not all affected consumers can be contacted directly even not with the help of the online marketplaces according to paragraph 1 of this Article, economic operators, in accordance with their respective responsibilities, shall disseminate a recall notice or safety warning through other appropriate channels, ensuring the widest possible reach including, where available: the company’s website, social media channels, newsletters and retail outlets and, as appropriate, announcements in mass media and other communication channels. Information shall be accessible to consumers with disabilities.
Amendment 775 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 5 – point e
Article 40 – paragraph 5 – point e
(e) to allow market surveillance authorities to perform data scraping of online interfaces. that respect sensitive business information.
Amendment 777 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 7
Article 40 – paragraph 7
7. Each year, the Commission shall elaborate and make public a report on the penalties imposed by Member States.
Amendment 778 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 8 a (new)
Article 40 – paragraph 8 a (new)
8 a. where the penalties cover only a low amount;
Amendment 786 #
2021/0170(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
It shall apply from [612 months after the entry into force of this Regulation].
Amendment 12 #
2021/0136(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission Communication of 19 February 2020, entitled “Shaping Europe’s Digital Future”16 announces a revision of Regulation (EU) No 910/2014 of the European Parliament and of the Council with the aim of improving its effectiveness, and in response to technological developments since its adoption in 2014 while at the same time extending its benefits to the private sector and promoteing trusted digital identities for all Europeans. _________________ 16 COM/2020/67 final
Amendment 15 #
2021/0136(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) A more harmonised approach to digitalelectronic identification and verification should reduce the risks and costs of the current fragmentation due to the use of divergent national solutions and will strengthen the Single Market by allowing citizens, other residents as defined by national law and businesses to identify online in a convenient, trustworthy and uniform way across the Union. Everyone should be able to securely access public and private services relying on an improved ecosystem for trust services and on verified proofs of identity and attestations of attributes, such as a university degreen academic qualification legally recognised and accepted everywhere in the Union, a professional qualification or a mandate to represent a company. The framework for a European Digital Identity aims to achieve a shift from the reliance on national digital identity solutions only, to the provision of electronic attestations of attributes valid at European levelnd legally recognised across the Union. Providers of electronic attestations of attributes should benefit from a clear and uniform set of rules and public administrations should be able to rely on electronic documents in a given format.
Amendment 21 #
2021/0136(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary to set out the harmonised conditions for the establishment of a framework for European Digital Identity Wallets to be issued by Member States, which should empower all Union citizens and other residents as defined by national law to share securely data related to their identity in a user friendly and convenient way under the sole control of the user. Technologies used to achieve those objectives should be developed aiming towards the highest level of security, user convenience and wide usability. Member States should ensure equal access to digital identification to all their nationals and residents, including vulnerable persons, such as persons with disabilities, persons who experience functional limitations and persons with limited access to digital technologies and taking into account insufficient digital literacy.
Amendment 29 #
2021/0136(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) The European Digital Identity Wallet should, where possible, be built upon international standards in order to increase the uptake of the identity service and to increase the interoperability across the European Union.
Amendment 45 #
2021/0136(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The provision and use of trust services are becoming increasingly important for international trade and cooperation. International partners of the EU are establishing trust frameworks inspired by Regulation (EU) No 910/2014. Therefore, in order to facilitate the recognition of such services and their providers, implementing legislation may set the conditions under which trust frameworks of third countries could be considered equivalent to the trust framework for qualified trust services and providers in this Regulation, as a complement to the possibility of the mutual recognition of trust services and providers established in the Union and in third countries in accordance with Article 218 of the Treaty. In order to encourage the international recognition of trust services, international standards should, where possible, be taken into account when creating the European digital identity wallet.
Amendment 58 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 910/2014
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulations aims at ensuring the proper functioning of the internal market andby providing an adequate level of security of electronic identification means and trust services that are easily accessible and user-friendly and can operate on a cross- border basis. For these purposes, this Regulation:
Amendment 59 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 910/2014
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) lays down the conditions for the issuing of European Digital Identity Wallets by Member States and for facilitating their cross-border use.;
Amendment 61 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
Article 1 – paragraph 1 – point 3 – point i
Regulation (EU) 910/2014
Article 3 – paragraph 1 – point 42
Article 3 – paragraph 1 – point 42
(42) ‘European Digital Identity Wallet’ is a product and service that allows the user to store and manage identity data, including related consents, credentials and attributes linked to her/his identity, to provide them to relying parties on request and to use them for authentication, online and offline, for a service in accordance with Article 6a; and to create qualified electronic signatures and seals;
Amendment 75 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 3 – point a
Article 6a – paragraph 3 – point a
(a) securely request and obtain, store, select, combine and share, in a manner that is easy, user-friendly, understandable and transparent to and traceable by the user, the necessary legal person identification data and electronic attestation of attributes to authenticate online and offline in order to use online public and private services across the Union;
Amendment 83 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 4 – point a – subpoint iv
Article 6a – paragraph 4 – point a – subpoint iv
(4) for the user to allow simple and transparent interaction with the European Digital Identity Wallet and display an “EU Digital Identity Wallet Trust Mark”;
Amendment 91 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 4 – point e a (new)
Article 6a – paragraph 4 – point e a (new)
(e a) enable the user to access and request a copy, in a readable format, of the list of actions, transactions or uses of electronic attestations of attributes or person identification data, that have been authorized by the user.
Amendment 92 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 4 – point e b (new)
Article 6a – paragraph 4 – point e b (new)
(e b) ensure that the user is able to contact support services of the European Digital Identity Wallet at Member State level, which also allows the user to efficiently request revocation or correction of outdated or incorrect data in the Wallet.
Amendment 108 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 10
Article 6a – paragraph 10
10. The European Digital Identity Wallet shall be made accessible for persons with disabilities in accordance with the accessibility requirements of Annex I to Directive 2019/882, and to persons who experience functional limitations and persons with limited access to digital technologies and taking into account insufficient digital literacy.
Amendment 152 #
2021/0136(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21 – point b
Article 1 – paragraph 1 – point 21 – point b
Regulation 910/2014
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Supervisory bodies shall cooperate with a view to exchanging good practice and information and providing mutual assistance regarding the provision of trust services with the aim to encourage the uptake of the Digital Identity Wallet and avoid fragmentation and barriers.;
Amendment 73 #
2021/0114(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Below the notification thresholds, the Commission cshould require the notification of potentially subsidised concentrations that were not yet implemented or the notification of potentially subsidised bids prior to the award of a public contract, if it considers that the concentration or the bid would merit ex-ante review given their impact in the Union. The Commission should also have the possibility to carry out a review on its own initiative of already implemented concentrations or awarded public contracts.
Amendment 96 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) the level and evolution of economic activity of the undertaking concerned on the internal market;
Amendment 109 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
(2) Commitments or redressive measures shall fully and effectively remedy the distortion actually or potentially caused by the foreign subsidy in the internal market.
Amendment 110 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
(3) Commitments or redressive measures may inter alia consist of the following:
Amendment 111 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
(4) The Commission may impose reporting and transparency requirements and follow-up on them.
Amendment 112 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
(6) Where the undertaking concerned proposes to repay the foreign subsidy including an appropriate interest rate, the Commission shall accept such repayment as commitment ifonly where it can ascertain that the repayment is transparent and effective, effective and adequately remedies the actual distortion caused, while taking into account the risk of circumvention.
Amendment 115 #
2021/0114(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission may on its own initiative examine information from any source, including Member States and undertakings or their professional associations, regarding alleged distortive foreign subsidies.
Amendment 120 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) Where the Commission, after a preliminary assessment, concludes that there are no sufficient grounds to initiate the in-depth investigation, either because there is no foreign subsidy or because there are no indications of an actual or potential distortion on the internal market, it shall close the preliminary review and inform the undertaking and Member States concerned.
Amendment 130 #
2021/0114(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to carry out the duties assigned to it by this Regulation, the Commission may conduct inspections in the territory of a third country, provided that the undertaking concerned has given its consent and the government of the third country has been officially notified and has agreed to the inspection. Article 12(1), (2), and (3) points (a) and (b) shall apply by analogy.
Amendment 137 #
2021/0114(COD)
Proposal for a regulation
Article 15 – paragraph 5 – introductory part
Article 15 – paragraph 5 – introductory part
(5) Where an undertaking or association of undertakings concerned does not comply with a decision with commitments pursuant to Article 9(3), a decision ordering interim measures pursuant to Article 10 or a decision imposing redressive measures pursuant to Article 9(2), the Commission may impose by decision:
Amendment 146 #
2021/0114(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
(4) If the undertakings concerned fail to meet their obligation to notify, the Commission mayshall review a notifiable concentration in accordance with this Regulation by requesting the notification of that concentration. In that case the Commission shall not be bound by the time limits referred to in Article 23(1) and (4).
Amendment 349 #
2021/0106(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the development, use and uptake of artificial intelligence in the internal market that at the same time meets a high level of protection of public interests, such as health and safety and the protection of fundamental rights, as recognised and protected by Union law. To achieve that objective, rules regulating the placing on the market and putting into service of certain AI systems should be laid down, thus ensuring the smooth functioning of the internal market and allowing those systems to benefit from the principle of free movement of goods and services. By laying down those rules, this Regulation supports the objective of the Union of promoting the "AI made in Europe" and being a global leader in the development of secure, trustworthy and ethical artificial intelligence, as stated by the European Council33 , and it ensures the protection of ethical principles, as specifically requested by the European Parliament34 . _________________ 33 European Council, Special meeting of the European Council (1 and 2 October 2020) – Conclusions, EUCO 13/20, 2020, p. 6. 34 European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies, 2020/2012(INL).
Amendment 355 #
2021/0106(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The Union legal framework for AI should respect existing sector specific legislations and create legal certainty by avoiding duplication and additional administrative burden;
Amendment 363 #
2021/0106(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The notion of AI system should be clearly defined to ensure legal certainty, while providing the flexibility to accommodate existing harmless applications and future technological developments. The definition should be based on the key functional characteristics of the software, in particular the ability, for a given set of human-defined objectives, to generate outputs such as content, predictions, recommendations, or decisions which influence the environment with which the system interacts, be it in a physical or digital dimension. AI systems can be designed to operate with varying levels of autonomy and be used on a stand- alone basis or as a component of a product, irrespective of whether the system is physically integrated into the product (embedded) or serve the functionality of the product without being integrated therein (non-embedded). The definition of AI system should be complemented by a list of specific techniques and approaches used for its development, which should be kept up-to–date in the light of market and technological developments through the adoption of delegated acts by the Commission to amend that list.
Amendment 388 #
2021/0106(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure a level playing field and an effective protection of rights and freedoms of individuals across the Union and on international level, the rules established by this Regulation should apply to providers of AI systems in a non- discriminatory manner, irrespective of whether they are established within the Union or in a third country, and to users of AI systems established within the Union.
Amendment 630 #
2021/0106(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) High data quality is essential for the performance of many AI systems, especially when techniques involving the training of models are used, with a view to ensure that the high-risk AI system performs as intended and safely and it does not become the source of discrimination prohibited by Union law. High quality training, validation and testing data sets require the implementation of appropriate data governance and management practices. Training, validation and testing data sets should be sufficiently relevant, representative and free of errors and complete in view of the intended purpose of the system. They should also have the appropriate statistical properties, including as regards the persons or groups of persons on which the high-risk AI system is intended to be used. In particular, training, validation and testing data sets should take into account, to the extent required in the light of their intended purpose, the features, characteristics or elements that are particular to the specific geographical, behavioural or functional setting or context within which the AI system is intended to be used. In order to protect the right of others from the discrimination that might result from the bias in AI systems, the providers shouldbe able to process also special categories of personal data, as a matter of substantial public interest, in order to ensure the bias monitoring, detection and correction in relation to high- risk AI systems.
Amendment 730 #
2021/0106(COD)
Proposal for a regulation
Recital 73
Recital 73
(73) In order to promote and protect innovation, it is important that the interests of small-scale providers, like SMEs, micro-enterprises and users of AI systems are taken into particular account. SMEs are the backbone of the European economy and they face more challenges adapting to new legislations therefore measures should be foreseen to support them to cope with the new obligations or to exclude them from certain requirements. To this objective, Member States should develop initiatives, which are targeted at those operators, including on awareness raising and information communication. Moreover, the specific interests and needs of small-scale providers shall be taken into account when Notified Bodies set conformity assessment fees. Translation costs related to mandatory documentation and communication with authorities may constitute a significant cost for providers and other operators, notably those of a smaller scale. Member States should possibly ensure that one of the languages determined and accepted by them for relevant providers’ documentation and for communication with operators is one which is broadly understood by the largest possible number of cross-border users.
Amendment 787 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised rules for the placing on the market, the putting into service and the use of safe and trustworthy artificial intelligence systems (‘AI systems’) in the Union;
Amendment 801 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e a (new)
Article 1 – paragraph 1 – point e a (new)
(e a) measures to support innovation and provide for a level playing field for European providers of AI systems on international level, in particular for small-scale providers like SMEs.
Amendment 842 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. FIn order to ensure legal certainty, preserve the existing legislation and avoid duplication, only Article 84 of this Regulation shall apply for high-risk AI systems that are safety components of products or systems, or which are themselves products or systems, falling within the scope of the following acts, only Article 84 of this Regulation shall apply:
Amendment 916 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives and with varying levels of autonomy, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with;
Amendment 972 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
Amendment 986 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘safety component of a product or system’ means a component of a product or of a system which fulfils a safety function for that product or system sor the failure orat its malfunctioning of which endangers the health and safety of persons or property;
Amendment 1084 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 – introductory part
Article 3 – paragraph 1 – point 44 – introductory part
(44) ‘serious incident’ means any incident that directly or indirectly leads, might have led or might lead to any of the following:
Amendment 1140 #
2021/0106(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 73 after consulting relevant stakeholders to amend the list of techniques and approaches listed in Annex I, in order to update that list to market and technological developments on the basis of characteristics that are similar to the techniques and approaches listed therein.
Amendment 1171 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm;
Amendment 1186 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of a specific group of persons due to their age, physical or mental disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
Amendment 1438 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In addition to the high-risk AI systems referred to in paragraph 1, AI systems referred to in Annex III shall also be considered high-risk if they pose a risk of harm to the health and safety or a risk of adverse impact on fundamental rights.
Amendment 1576 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A risk management system shall be established, implemented, documented and maintained in relation to high-risk AI systems or be included in existing risk management procedures.
Amendment 1588 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) identification and analysis of the known and foreseeable risks to the health and safety or fundamental rights of a person associated with each high-risk AI system;
Amendment 1595 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) estimation and evaluation of the risks that may emerge when the high-risk AI system is used in accordance with its intended purpose and under conditions of reasonably foreseeable misuse;
Amendment 1613 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. The risk management measures referred to in paragraph 2, point (d) shall be such that any residual risk associated with each hazard as well as the overall residual risk of the high-risk AI systems is judged acceptable, provided that the high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse. Those residual risks shall be communicated to the user.
Amendment 1723 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, and representative, free of errors and complete. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
Amendment 1756 #
2021/0106(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The technical documentation shall be drawn up in such a way to demonstrate that the high-risk AI system complies with the requirements set out in this Chapter and provide national competent authorities and notified bodies with all the necessary information to assess the compliance of the AI system with those requirements. It shall contain, at a minimum, the elements set out in Annex IV.
Amendment 1940 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The implementation of aspects referred to in paragraph 1 shall be proportionate to the size of the provider’s organisation and can be fulfilled by further elaborating existing quality management systems.
Amendment 2137 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where harmonised standards referred to in Article 40 do not exist or where the Commission considers that the relevant harmonised standards are insufficient or that, because there is a need to address specific safety or fundamental right concerns, the Commission may, by means of implementing acts, adopt common specifications in respect of the requirements set out in Chapter 2 of this Title. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).
Amendment 2143 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The Commission, when shall, before preparing the common specifications referred to in paragraph 1, shall gather the views ofconsult relevant bodies or, expert groups and other relevant stakeholders established under relevant sectorial Union law.
Amendment 2436 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisor and relevant stakeholders including SMEs. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.
Amendment 2683 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. Access to data and documentation in the context of their activitiUpon a reasoned reques,t the market surveillance authorities shall be granted full access to the training, validation and testing datasets used by the provider, including through application programming interfaces (‘API’) or other appropriate technical means and tools enabling remote access.
Amendment 2694 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. Where necessary to assess the conformity of the high-risk AI system with the requirements set out in Title III, Chapter 2 and upon a reasoned request, the market surveillance authorities shall be granted access to othe source code of the AI systemr data if no confidential business information are at risk.
Amendment 2702 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 6
Article 64 – paragraph 6
6. Any information and documentation obtained by the market surveillance authorities or the national public authorities or bodies referred to in paragraph 1, 2 and 3 pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
Amendment 2800 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 1 – point a
Article 70 – paragraph 1 – point a
(a) intellectual property rights, and confidential business information or professional secrecy or trade secrets of a natural or legal person, including source code, except the cases referred to in Article 5 of Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure apply.
Amendment 3000 #
2021/0106(COD)
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. This Regulation shall apply from [2436 months following the entering into force of the Regulation].
Amendment 67 #
2021/0104(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In the absence of policy action, the gap between users’ information needs and the sustainability information reported by undertakings is expected to grow. This gap has significant negative consequences. Investors are unable to take sufficient account of sustainability-related risks and opportunities in their investment decisions. The aggregation of multiple investment decisions that do not take adequate account of sustainability-related risks has the potential to create systemic risks that threaten financial stability. The European Central Bank and international organisations such as the Financial Stability Board have drawn attention to those systemic risks, in particular in the case of climate. Investors are also less able to channel financial resources to undertakings and economic activities that address and do not exacerbate social and environmental problems, which undermines the objectives of the European Green Deal and the Action Plan on Financing Sustainable Growth. Non-governmental organisations, social partners, communities affected by undertakings’ activities, and other stakeholders are less able to hold undertakings accountable for their impacts on people and the environment. This creates an accountability deficit, and may contribute to lower levels of citizen trust in businesses, which in turn may have negative impacts on the efficient functioning of the social market economy. The lack of generally accepted metrics and methods for measuring, valuing, and managing sustainability-related risks is also an obstacle to the efforts of undertakings to ensure that their business models and activities are sustainableHowever, it is necessary to include the possibilities and respective preconditions of the reporting undertakings and bring them to a good consideration. This is the only way to ensure that large companies with more than 500 employees are not overburdened with reporting obligations.
Amendment 69 #
2021/0104(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The report on the review clause of Directive 2014/95/EU, and its accompanying fitness check on corporate reporting, also recognised a significant increase in information requests for information about sustainability matters to undertakings in an attempt to address the existing information gap. In addition, ongoing expectations on undertakings to use a variety of different frameworks and standards are likely to continue and may even intensify as the value placed on sustainability information continues to grow. In the absence of policy action to build consensus on the information that undertakings should report, there will be significant increases in costs and burden for reporting undertakings and for users of such information.
Amendment 71 #
2021/0104(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Articles 19a and 29a of Directive 2013/34/EU apply to and should continue to apply to large undertakings that are public-interest entities with an average number of employees in excess of 500, and to public-interest entities that are parent undertakings of a large group with an average number of employees in excess of 500 on a consolidated basis, respectively. In view of the growth of users’ needs for sustainability information, additional categories of undertakings should be required to report such information. It is therefore appropriate to require allMoreover, non-EU third country undertakings doing business on the European Single Market could be included in the Directive or should align with International Standards. In view of the growth of users’ needs for sustainability information, the information gap of these undertakings must be closed. In light of the fact that only 32% of currently 11.600 enterprises are reporting in an appropriate manner, this directive aims to close the information gap by introducing mandatory requirements for large undertakings and allparent undertakings listed on regulated markets, except micro undertakings, to report detailed sustainability information. In additof a large group that are public interest entities, with an average number of employees in excess of 500. After careful revision, all undertakings that are parentnd these requirements may also be introduced to large undertakings ofand large groups should prepare susundertakinability reporting at group levelgs listed on regulated markets.
Amendment 77 #
2021/0104(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The requirement that also large non-listed undertakings that are public interest entities with an average number of employees in excess of 500 should disclose information on sustainability matters is mainly driven by concerns about the impacts and accountability of such undertakings, including through their value chain. In this respect, all largthese undertakings should be subject to the same requirements to report sustainability information publicly. In addition, financial market participants also need information from those large non-listed undertakings.
Amendment 84 #
2021/0104(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The requirement that undertakings not established in the Union but with securities listed on regulated markets or doing business in the EU internal market should also disclose information on sustainability matters responds to the needs of financial market participants for information from such undertakings in order to understand the risks and impacts of their investments, and to comply with the disclosure requirements laid down in Regulation (EU) 2019/2088.
Amendment 88 #
2021/0104(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Considering the growing relevance of sustainability-related risks and taking into account that small and medium-sized enterprises (SMEs) listed on regulated markets comprise a significant proportion of all listed undertakings in the Union, in order to ensure investor protection it is appropriate to require that also those SMEs disclose information on sustainability matters. The introduction of this requirement will help to ensure that financial market participants can include smaller listed undertakings in investment portfolios on the basis that they report the sustainability information that financial market participants need. It will therefore help to protect and enhance the access of smaller listed undertakings to financial capital, and avoid discrimination against such undertakings on the part of financial market participants. The introduction of this requirement is also necessary to ensure that financial market participants have the information they need from investee undertakings to be able to comply with their own sustainability disclosure requirements laid down in Regulation (EU) 2019/2088. SMEs listed on regulated markets should, however, be provided with sufficient time to prepare for the application of the requirement to report sustainability information, due to their smaller size and more limited resources, and taking account of the difficult economic circumstances created by the COVID-19 pandemic. They should also be given the possibility to report according to standards that are proportionate to the capacities and resources of SMEs. Non- listed SMEs can also choose to use these proportionate standards on a voluntary basis. The SME standards will set a reference for undertakings that are within the scope of the Directive regarding the level of sustainability information that they could reasonably request from SME suppliers and clients in their value chainsIn light of the fact that only 32% of reportable companies comply with the European Commission's efforts, SMEs are to be excluded from any reporting obligations in a first step. Only if the still to be defined targets as well as time- dependent intermediate steps of this directive prove to be efficient in closing the information gap in the market, voluntary, proportional and simple reporting standards for SMEs shall follow.
Amendment 99 #
2021/0104(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Articles 19a(3) and 29a(3) of Directive 2013/34/EU currently exempt all subsidiary undertakings from the obligation to report non-financial information where such undertakings and their subsidiary undertakings are included in the consolidated management report of their parent undertaking, provided this includes the required non-financial information. It is necessary, however to ensure that sustainability information is easily accessible for users, and to bring transparency about which is the parent undertaking of the exempted subsidiary undertaking which is reporting at consolidated level. It is therefore necessary to require those subsidiary undertakings to publish the consolidated management report of their parent undertaking and to include a reference in their management report to the fact that they are exempted from reporting sustainability information. That exemption should also apply where the parent undertaking reporting at consolidated level is a third country undertaking reporting sustainability information in accordance with the requirements of this Directive or in a manner equivalent to EU sustainabilityinternational reporting standardframeworks.
Amendment 103 #
2021/0104(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Article 23 of Directive 2013/34/EU exempts parent undertakings from the obligation to prepare consolidated financial statements and a consolidated management report where those undertakings are subsidiaries of another parent undertaking that complies with that obligation. It should be specified, however, that the exemption regime for consolidated financial statements and consolidated management reports operates independently from the exemption regime for consolidated sustainability reporting. An undertaking can therefore still be exempted from consolidated financial reporting obligations but notand exempted from consolidated sustainability reporting obligations where its ultimate parent prepares consolidated financial statements and consolidated management reports in accordance with Union law, or in accordance with requivalent requirementrements in international frameworks if the undertaking is established in a third country, but does not prepare consolidated sustainability reporting in accordance with EU law, or in accordance with equivalent requirementinternational frameworks if the undertaking is established in a third country.
Amendment 104 #
2021/0104(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Credit institutions and insurance undertakings play a key role in the transition towards a fully sustainable and inclusive economic and financial system in line with the European Green Deal. They can have significant positive and negative impacts via their lending, investment and underwriting activities. Credit institutions and insurance undertakings other than those that are required to comply with Directive 2013/34/EU, including cooperatives and mutual undertakings, should therefore be subject to sustainability reporting requirements provided that they meet certain size criteria. Users of that information would thus be enabled to assess both the impacts of these undertakings on society and the environment and the risks arising from sustainability matters that these undertakings could face. To ensure coherence with the reporting requirements of Council Directive 86/635/EEC50 on the annual accounts and consolidated accounts of banks and other financial institutions, sustainability reporting Member States may choose not to apply sustainability reporting requirements to credit institutions listed in Article 2(5) of Directive 2013/36/EU of the European Parliament and of the Council as well as ‘small and non-complex institutions’ as defined in Article 4 (1) point (145) of Regulation (EU) No 575/2013. 51 . _________________ 50 Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions (OJ L 372, 31.12.1986, p. 1). 51 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
Amendment 105 #
2021/0104(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The list of sustainability matters on which undertakings are required to report should be as coherent as possiblfully in line with the definition of ‘sustainability factors’ laid down in Regulation (EU) 2019/2088, to prevent a mismatch of information required by data users as well as information to be reported by data preparers. That list should also correspond to the needs and expectations of users and undertakings themselves, who often use the terms ‘environmental’, ‘social’ and ‘governance’ as a means to categorise the three main sustainability matters. The list of sustainability factors laid down in Regulation (EU) 2019/2088 does not explicitly include governance matters. The definition of sustainability matters in Directive 2013/34/EU should therefore be based on the definition of ‘sustainability factors’ laid down in Regulation (EU) 2019/2088, but with the addition of governance matters.
Amendment 109 #
2021/0104(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Articles 19a(1) and 29a(1) of Directive 2013/34/EU require undertakings to disclose information about five reporting areas: business model, policies (including due diligence processes implemented), the outcome of those policies, risks and risk management, and key performance indicators relevant to the business. Article 19a(1) of Directive 2013/34/EU does not contain explicit references to other reporting areas that users of information consider relevant, some of which align with disclosures included in international frameworks, including the recommendations of the Task Force on Climate-related Financial Disclosures. Disclosure requirements should be specified in sufficient detail to ensure that undertakings report information on their resilience to risks related to sustainability matters. In addition to the reporting areas identified in Articles 19a(1) and 29a(1) of Directive 2013/34/EU, undertakings should therefore be required to disclose information about their business strategy and the resilience of the business model and strategy to risks related to sustainability matters, any plans they may have to ensure that their business model and strategy are compatible with the transition to a sustainable and climate- neutral economy; whether and how their business model and strategy take account of the interests of stakeholders; any opportunities for the undertaking arising from sustainability matters; the implementation of the aspects of the business strategy which affect, or are affected by sustainability matters; any sustainability targets set by the undertaking and the progress made towards achieving them; the role of the board and management with regard to sustainability matters; the principal actual and potential adverse impacts connected with the undertaking’s activities; and how the undertaking has identified the information that they report on. Once the disclosure of elements such as targets and the progress towards achieving them is required, the separate requirement to disclose the outcomes of policies is no longer necessary.
Amendment 113 #
2021/0104(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 117 #
2021/0104(COD)
Proposal for a directive
Recital 28
Recital 28
Amendment 119 #
2021/0104(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Articles 19a(1) and 29a(1) of Directive 2013/34/EU do not specify whether the information to be reported is to be forward looking or information about past perretrospective informancetion. There is currently a lack of forward-looking disclosures, which users of sustainability information especially value. Articles 19a and 29a of Directive 2013/34/EU should therefore specify that theReported sustainability information could therepforted shalle include forward- looking and retrospective, and both qualitative and quantitative information. Reported sustainability information should also take into account short, medium and long-term time horizons and contain information about the undertaking’s whole value chain, including its own operations, its products and services, its business relationships, and its supply chain, as appropriate. Information about the undertaking’s whole value chain would include information related to its value chain within the EU and information that covers third countries if the undertaking’s value chain extends outside the EUinformation, while not endangering the commercial position of the undertaking, and should also take into account short, medium and long-term time horizons as appropriate.
Amendment 122 #
2021/0104(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Articles 19a(1) and 29a(1) of Directive 2013/34/EU require undertakings to include in their non-financial reporting references to, and additional explanations of, amounts reported in the annual financial statements. Those Articles do, however, not require undertakings to make references to other information in the management report or to add additional explanations to that information. There isfore, there can currently thusbe a lack of consistency between non-financial information reported and the rest of the information disclosed in the management report. It is necessary to lay down clear requirements in this regardimportant for companies to consider which sustainability information is relevant from a financial point of view and should therefore be included in the management report, or whether, depending on the materiality for stakeholders other than those targeted by the annual report, it would be better provided in a separate document.
Amendment 124 #
2021/0104(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Undertakings under the scope of Articles 19a(1) and 29a(1) of Directive 2013/34/EU may rely on national, Union- based or international reporting frameworks, and where they do so, they have to specify which frameworks they relied upon. However, Directive 2013/34/EU does not require undertakings to use a common reporting framework or standard, and it does not prevent undertakings from choosing not to use any reporting framework or standards at all. As required by Article 2 of Directive 2014/95/EU, the Commission published in 2017 non-binding guidelines for undertakings under the scope of that Directive52 . In 2019, the Commission published additional guidelines, specifically on reporting climate-related information53 . The climate reporting guidelines explicitly incorporated the recommendations of the Task Force on Climate-related Financial Disclosures. Available evidence indicates that those non-binding guidelines did not have a significant impact on the quality of non- financial reporting by undertakings under the scope of Articles 19a and 29a of Directive 2013/34/EU , as only 32% of the reportable companies used these standards. . The voluntary nature of the guidelines means that undertakings are free to apply them or not. The guidelines can therefore not ensure on their own the comparability of information disclosed by different undertakings or the disclosure of all information that users consider relevant. That is why there is a need for mandatory common reporting standards for the undertakings originally targeted under the scope of Articles 19a and 29a of Directive 2013/34/EU (large undertakings which are public entities with an average number of employees in excess of 500) to ensure that information is comparable and that all relevant information is disclosed. Building on the double-materiality principle, standards should cover all information that is material to users. Common reporting standards are also necessary to enable the audit and digitalisation of sustainability reporting and to facilitate its supervision and enforcement. The development of mandatory common sustainability reporting standards is necessary to progress to a situation in which sustainability information has a status comparable to that of financial information. _________________ 52 Communication from the Commission Guidelines on non-financial reporting (methodology for reporting non-financial information) (C/2017/4234). 53 Communication from the Commission Guidelines on non-financial reporting: Supplement on reporting climate-related information (C/2019/4490).
Amendment 126 #
2021/0104(COD)
Proposal for a directive
Recital 33
Recital 33
(33) No existing standard or framework satisfies the Union’s needs for detailed sustainability reporting by itselfLeading on the development of sustainability reporting standards, the European Union can contribute to the development of globally uniform standards. Information required by Directive 2013/34/EU needs to cover information relevant from each of the materiality perspectives, needs to cover all sustainability matters and needs to be aligned, where appropriate, with otherand consistent, in order to avoid duplication of obligations uander Union law to disclose sustainability information, including obligations laid down in Regulation (EU) 2020/852 and Regulation (EU) 2019/2088 inconsistencies in definitions, scope, objectives and application requirements. This makes it necessary to develop one set of reporting standards for undertakings with an average number of employees in excess of 500 that bring recent requirements together in one form. In addition, mandatory sustainability reporting standards for Union undertakings must be commensurate with the level of ambition of the European Green Deal and the Union’s climate-neutrality objective for 2050. It is therefore necessary to empower the Commission to adopt Union sustainability reporting standards, not exceeding the ambitions in international standard setting, enabling their rapid adoption and ensuring that the content of sustainability reporting standards are consistent with the Union’s needs.
Amendment 131 #
2021/0104(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The European Financial Reporting Advisory Group (EFRAG) is a non-profit association established under Belgian law that serves the public interest by providing advice to the Commission on the endorsement of international financial reporting standards. EFRAG has established a reputation as a European centre of expertise on corporate reporting, and is well placed to foster coordination between European sustainability reporting standards and international initiatives that seek to develop standards that are consistent across the world. In March 2021, a multi-stakeholder task force set up by EFRAG published recommendations for the possible development of sustainability reporting standards for the European Union. Those recommendations contain proposals to develop a coherent and comprehensive set of reporting standards, covering all sustainability matters from a double-materiality perspective. Those recommendations also contain a detailed roadmap for developing such standards, and proposals for mutually reinforcing cooperation between global standard- setting initiatives and standard-setting initiatives of the European Union. In March 2021, the EFRAG President published recommendations for possible governance changes to EFRAG if it were to be asked to develop technical advice about sustainability reporting standards. These recommendations include offsetting up within EFRAG a new sustainability reporting pillar while not significantly modifying the existing financial reporting pillar. When adopting sustainability reporting standards, the Commission should take account of technical advice that EFRAG will develop. In order to ensure high-quality standards that contribute to the European public good and meet the needs of undertakings and of users of the information reported, EFRAG’s technical advice should be developed with proper due process, public oversight and transparency, accompanied by cost benefit analyses, and be developed with the expertise of relevant stakeholders. To ensure that Union sustainability reporting standards take account of the views of the Member States of the Union, before adopting the standards the Commission should consult the Member State Expert Group on Sustainable Finance referred to in Article 24 of Regulation (EU) 2020/852 on EFRAG’s technical advice. The European Securities and Markets Authority (ESMA) plays a role in drafting regulatory technical standards pursuant to Regulation (EU) 2019/2088 and there needs to be coherence between those regulatory technical standards and sustainability reporting standards. According to Regulation (EU) No 1095/2010 of the European Parliament and of the Council54 , ESMA also plays a role in promoting supervisory converge in the enforcement of corporate reporting by issuers whose securities are listed on EU regulated markets and who will be required to use these sustainability reporting standards. Therefore, ESMA should be required to provide an opinion on EFRAG’s technical advice. This opinion should be provided within twohree months from the date of receipt of the request from the Commission. In addition, the Commission should consult the European Banking Authority, the European Insurance and Occupational Pensions Authority, the European Environment Agency, the European Union Agency for Fundamental Rights, the European Central Bank, the Committee of European Auditing Oversight Bodies and the Platform on Sustainable Finance to ensure that the sustainability reporting standards are coherent with relevant Union policy and legislation. Also the expertise and opinion of the International Sustainability Standards Board (ISSB) of the International Financial Reporting Standard (IFRS) Foundation should be taken into account. Where any of those bodies decide to submit an opinion, they shall do so within twohree months from the date of being consulted by the Commission. _________________ 54 Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).
Amendment 133 #
2021/0104(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Sustainability reporting standards shouldneed to be coherent with all other Union legislation, which address the subjects touched upon in this directive. Those standards should in particular be aligned with the disclosure requirements laid down in Regulation (EU) 2019/2088, and they should take account ofbe fully in line with underlying criteria, indicators and methodologies set out in the various delegated acts adopted pursuant to Regulation (EU) 2020/852, disclosure requirements applicable to benchmark administrators pursuant to Regulation (EU) 2016/1011 of the European Parliament and of the Council55 , the minimum standards for the construction of EU climate transition benchmarks and EU Paris-aligned benchmarks; and of any work carried out by the European Banking Authority in the implementation of the Pillar III disclosure requirements of Regulation (EU) No 575/2013. Standards should take account of Union environmental legislation, including Directive 2003/87/EC of the European Parliament and of the Council56 and Regulation (EC) No 1221/2009 of the European Parliament and of the Council57 , and should take account of Commission Recommendation 2013/179/EU58 and its annexes, and their updates. Other relevant Union legislation, including Directive 2010/75/EU of the European Parliament and of the Council59 , and requirements laid down in Union law for undertakings as regards directors’ duties and due diligence, should also be taken into account. _________________ 55 Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014 (OJ L 171, 29.6.2016, p. 1). 56 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32). 57 Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (OJ L 342, 22.12.2009, p. 1). 58 Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1). 59 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
Amendment 137 #
2021/0104(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Sustainability reporting standards should be proportionate, and should not impose unnecessary administrative burden and cost on companies that are required to use them. In order to minimise disruption for undertakings that already report sustainability information, sustainability reporting standards should take account ofneed to be consistent and in line with existing standards and frameworks for sustainability reporting and accounting where appropriate. Those include the Global Reporting Initiative, the Sustainability Accounting Standards Board, the International Integrated Reporting Council, the International Accounting Standards Board, the Task Force on Climate-related Financial Disclosures, the Carbon Disclosure Standards Board, and CDP (formerly the Carbon Disclosure Project). Standards of the European Union should take account of any sustainability reporting standards developed under the auspices of International Financial Reporting Standards FoundationFRS Foundation, and in particular the ISSB. To avoid unnecessary regulatory fragmentation that may have negative consequences for undertakings operating globally, European standards should contribute to the process of convergence of sustainability reporting standards at global level.
Amendment 141 #
2021/0104(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 142 #
2021/0104(COD)
Proposal for a directive
Recital 40
Recital 40
(40) It should be ensured that the information reported by undertakings in accordance with the sustainability reporting standards meet the needs of users and do not place a disproportionate burden in effort and costs on those reporting. . The reporting standards should therefore specify the information that undertakings are to disclose on all major environmental factors, including their impacts and dependencies on climate, air, land, water and biodiversity. Regulation (EU) 2020/852 provides a classification of the environmental objectives of the Union. For reasons of coherence, it is appropriate to use a similar classification to identify the environmental factors that should be addressed by sustainability reporting standards. The reporting standards should consider and specify any geographical or other contextual information that undertakings should disclose to provide an understanding of their principal impacts on sustainability matters and the principal risks to the undertaking arising from sustainability matters.
Amendment 144 #
2021/0104(COD)
Proposal for a directive
Recital 41
Recital 41
Amendment 150 #
2021/0104(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Sustainability reporting standards should specify the information that undertakings should disclose on social factors, including employee factors and human rights. Such information should cover the impacts of undertakings on people, including on human health. The information that undertakings disclose about human rights should include information about forced labour in their value chains where relevant. Reporting standards that address social factors should specify the information that undertakings should disclose with regard to the principles of the European Pillar of Social Rights that are relevant to businesses, including equal opportunities for all and working conditions. The European Pillar of Social Rights Action Plan adopted in March 2021 calls for stronger requirements on undertakings to report on social issues. The reporting standards should also specify the information that undertakings should disclose where relevant with regard to the human rights, fundamental freedoms, democratic principles and standards established in the International Bill of Human Rights and other core UN human rights conventions, the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work, the fundamental conventions of the International Labour Organisation, and the Charter of Fundamental Rights of the European Union.
Amendment 162 #
2021/0104(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Undertakings in the same sector are often exposed to similar sustainability- related risks, and they often have similar impacts on society and the environment. Comparisons between undertakings in the same sector are especially valuable to investors and other users of sustainability information. Sustainability reporting standards adopted by the Commission should therefore specify both information that undertakings in all sectors should disclose and information that undertakings should disclose depending on their sector of activity. Standards should also take account of the difficulties that undertakings may encounter in gathering information from actors throughout their value chain, especially from SME suppliers and from suppliers in emerging markets and economies.
Amendment 165 #
2021/0104(COD)
Proposal for a directive
Recital 47
Recital 47
(47) To meet the information needs from users in a timely manner, and in particular given the urgency to meet the information needs of financial market participants subject to the requirements laid down in the delegated acts adopted pursuant to Article 4, paragraphs 6 and 7 of Regulation (EU) 2019/2088, the Commission should adopt a first set of reporting standards by 31 October 2022one and a half years after the entry into force of the Directive. That set of reporting standards should specify the information that undertakings should disclose with regard to all reporting areas and sustainability matters, and that financial market participants need to comply with the disclosure obligations laid down in Regulation (EU) 2019/2088. The Commission should adopt a second set of reporting standards at the latest by 31 October 2023three years after the entry into force of the Directive, specifying complementary information that undertakings should disclose about sustainability matters and reporting areas where necessary, and information that is specific to the sector in which an undertaking operates. The Commission shouldall review the standards every 3 years to take account ofalign them with relevant developments, including thenewly development ofed international standards.
Amendment 174 #
2021/0104(COD)
Proposal for a directive
Recital 49
Recital 49
(49) To allow for the inclusion of the reported sustainability information in the European single access point, Member States should ensure that undertakings publish the duly approved annual financial statements and the management report in the prescribed electronic format, and ensure that management reports containing sustainability reporting are made available, without delay following their publication, to the relevant officially appointed mechanism referred to in Article 21(2) of Directive 2004/109/EC.
Amendment 176 #
2021/0104(COD)
Proposal for a directive
Recital 50
Recital 50
(50) Article 19a(4) of Directive 2013/34/EU enables Member States to exempt undertakings from including in the management report the non-financial statement required under Article 19a(1). Member States may do so where the undertaking concerned prepares a separate report that is published together with the management report in accordance with Article 30 of that Directive, or where that report is made publicly available on the undertaking's website within a reasonable period of time not exceeding 6 months, after the balance sheet date, and is referred to in the management report. The same possibility exists for the consolidated non- financial statement referred to in Article 29(a)(4) of Directive 2013/34/EU. Twenty Member States have used that option. The possibility to publish a separate report can hinders, however, the availability of information that connects financial and information on sustainability matters. It can also hinders the findability and accessibility of information for users, especially investors, who are interested in both financial and sustainability information. Possible different publication times for financial and sustainability information exacerbate this problem. Publication in a separate report can also give the impression, internally and externally, that sustainability information belongs to a category of less relevant information, which can impact negatively on the perceived reliability of the information. Undertakings should therefore reportconsider which sustainability information in the management report and Member States should no longer be allowed to exempt undertakings from the obligation tos relevant from a financial point of view and should therefore be included in the management report information on sustainability matters. Such obligation also helps to clarify the role of national competent authorities in supervising sustainability reporting, as part of, or whether, depending on the materiality for stakeholders other than those targeted by the annual report, it would be better provided in a separate document. Member States should be allowed to exempt undertakings from the obligation to include in the management report, in accordance with Directive 2004/109/ECformation on sustainability matters. In addition, undertakings required to report sustainability information should in no case be exempted from the obligation to publish the management report or sustainability as it is important to ensure that sustainability information is publically available.
Amendment 186 #
2021/0104(COD)
Proposal for a directive
Recital 57 a (new)
Recital 57 a (new)
(57a) There should not be a principle of incompatibility between a statutory audit engagement and an assurance of sustainability reporting engagement, as assurance should be allowed to be carried out by the same statutory auditor or the same audit firm.
Amendment 187 #
2021/0104(COD)
Proposal for a directive
Paragraph 57 a (new)
Paragraph 57 a (new)
(57a) The audit bodies for sustainability reports should have a high level of technical and specialised expertise in the field of sustainability in order to assess the information.
Amendment 195 #
2021/0104(COD)
(71) Member States are invitBefore any standards are introduced for large enterprises and SMEs, the Commission needs to assess the impact of their transposition act onact on large undertakings and SMEs in order to ensure that they are not disproportionately affected, e.g. by multiplication effects or indirect costs, giving specific attention to micro-enterprises and to the administrative burden, and to publish the results of such assessments. Member States should consider introducing measures to support SMEs in applying the voluntary simplified reporting standardsTherefore, a review clause is established.
Amendment 198 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2013/34/EU
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The coordination measures prescribed by Articles 19a, 19d, 29a, 30 and 33, Article 34(1), second subparagraph, point (aa), paragraphs 2 and 3 of Article 34, and Article 51 of this Directive shall also apply to the laws, regulations and administrative provisions of the Member States relating to the following undertakings regardless of their legal form, provided they are large undertakings in excess of an average number of 500 employees during the financial year on their balance sheet date, operating in the European Single Market as EU or third-country undertaking:
Amendment 204 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Member States mayshall choose not to apply the coordination measures referred to in the first subparagraph to the undertakings listed in Article 2(5), points (2) to (23), of Directive 2013/36/EU of the European Parliament and of the Council*3and‘small and non-complex institutions’ as defined in Article 4 (1) point (145) of Regulation (EU) No 575/2013.
Amendment 208 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Article 2 – point (17)
Article 2 – point (17)
(17) ‘sustainability matters’ means sustainability factors as defined in Article 2, point (24) of Regulation (EU) 2019/2088 of the European Parliament and of the Council\*4, and governance factors;
Amendment 211 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Article 2 – point (19)
Article 2 – point (19)
(19) ’intangibles’ means non-physical resources that contribute to the undertaking’s value creation and are equivalent to intangible assets already reported in the financial reporting framework;
Amendment 222 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 1
Article 19a – paragraph 1
1. Large undertakings and, as of 1 January 2026, small and medium-sized undertakings which are undertakings referred to in Article 2, point (1), point (a), shall include in the management which are public-interest entities exceeding on their balance sheet dates the criterion of the average number of 500 employees during the financial year shall include in the management report or in a separate sustainability report information necessary to understand the undertaking’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the undertaking’s development, performance and position, not earlier than two full financial years during which the companies have had the opportunity to adapt to the provisions and reporting standards set out in this Directive and the accompanying, adopted and published delegated acts, e.g. Directive 2020/852.
Amendment 234 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2
Article 19a – paragraph 2
2. The information referred to in paragraph 1 shall contain in particular:
Amendment 236 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2
Article 19a – paragraph 2
(i) the resilience of the undertaking's business model and strategy to risks related to sustainability matters and climate change;
Amendment 237 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2
Article 19a – paragraph 2
(ii) the opportunities for the undertaking related to sustainability matters and the transition to a carbon neutral economy;
Amendment 240 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2
Article 19a – paragraph 2
Amendment 243 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2
Article 19a – paragraph 2
Amendment 247 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2
Article 19a – paragraph 2
(v) how the undertaking’s strategy has been implemented with regard to sustainability matters and climate change;
Amendment 260 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 Directive 2013/34/EU
Article 1 – paragraph 1 – point 3 Directive 2013/34/EU
Amendment 265 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2
Article 19a – paragraph 2
Amendment 270 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2
Article 19a – paragraph 2
Amendment 276 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2
Article 19a – paragraph 2
Amendment 278 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2
Article 19a – paragraph 2
(g) indicators relevant to the disclosures referred to in points (a) to (f), which are provided by the Commission by means of an delegated act in collaboration with the technical advice of the EFRAG and the Platform on Sustainable Finance.
Amendment 280 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2
Article 19a – paragraph 2
Amendment 282 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2
Article 19a – paragraph 2
Undertakings shall report the process carried out to identify the information that they have included in the management report in accordance with paragraph 1 and in this process they shall take account of short, medium and long-term horizons.
Amendment 284 #
2021/0104(COD)
3. The information referred to in paragraphs 1 and 2 shall contain forward- looking and retrospectiveretrospective information, and where appropriate forward looking information, and in a qualitative and quantitative information.
Amendment 287 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive
Article
Article
Amendment 292 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 3
Article 19a – paragraph 3
Member States may allow information relating to impending developments or matters in the course of negotiation to be omitted in exceptional cases where, in the duly justified opinion of the members of the administrative, management and supervisory bodies, acting within the competences assigned to them by national law and having collective responsibility for that opinion, the disclosure of such information would be seriously prejudicial to the commercial and competitive position of the undertaking, provided that such omission does not prevent a fair and balanced under standing of the undertaking's development, performance, position and impact of its activity.
Amendment 295 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 4
Article 19a – paragraph 4
4. Undertakings shall report the information referred to in paragraphs 1 to 3 in accordance with the sustainability reporting standards referred to in Article 19b and after the Commission has published stringent and clear guidelines after technical advice from EFRAG.
Amendment 299 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 5
Article 19a – paragraph 5
Amendment 304 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a – paragraph 7
Article 19 a – paragraph 7
(7) An undertaking which is a subsidiary undertaking and an undertaking which belongs to an economic entity or group and has a joint market presence with this entity or group shall be exempted from the obligations set out in paragraphs 1 to 4 if that undertaking and its subsidiary undertakings are included in the consolidated management report of a parent undertaking or the economic entity or group, drawn up in accordance with Articles 29 and 29a. An undertaking that is a subsidiary undertaking from a parent undertaking that is established in a third country or belongs to an economic entity or group in a third country shall also be exempted from the obligations set out in paragraphs 1 to 4 where that undertaking and its subsidiary undertakings are included in the consolidated management report of that parent undertaking or the headquarters of the economic entity or group and where the consolidated management report is drawn up in a manner that may be considered equivalent, in accordance with the relevant implementing measures adopted pursuant to Article 23(4), point (i), of Directive 2004/109/EC of the European Parliament and of the Council*6, to the manner required by the sustainability reporting standards referred to in Article 19b of this Directive.
Amendment 305 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 7
Article 19a – paragraph 7
7. An undertaking which is a subsidiary undertaking shall continue to be exempted from the obligations set out in paragraphs 1 to 4 if that undertaking and its subsidiary undertakings are included in the consolidated management report of a parent undertaking, drawn up in accordance with Articles 29 and 29a. An undertaking that is a subsidiary undertaking from a parent undertaking that is established in a third country shall also be exempted from the obligations set out in paragraphs 1 to 4 where that undertaking and its subsidiary undertakings are included in the consolidated management report of that parent undertaking and where the consolidated management report is drawn up in a manner that may be considered equivalent, in accordance with the relevant implementing measures adopted pursuant to Article 23(4), point (i), of Directive 2004/109/EC of the European Parliament and of the Council*6, to the manner required by the sustainability reporting standards referred to in Article 19b of this Directive.
Amendment 306 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a – paragraph 7
Article 19 a – paragraph 7
The consolidated management report of the parent undertaking or the economic entity or group referred to in subparagraph 1 shall be published in accordance with Article 30, in the manner prescribed by the law of the Member State by which the undertaking that is exempted from the obligations set out in paragraphs 1 to 4 is governed.
Amendment 309 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 7
Article 19a – paragraph 7
The Member State by which the undertaking that is exempted from the obligations set out in paragraphs 1 to 4 is governed, may require that the consolidated management report referred to in the first subparagraph of this paragraph is published in an official language of the Member State or in a language customary in the sphere of international finance, and that any necessary translation into those languages is certified.;
Amendment 316 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a – paragraph 7
Article 19 a – paragraph 7
(a) the name and registered office of the parent undertaking or the economic entity or group that reports information at group level in accordance with Articles 29 and 29a, or in a manner that may be considered equivalent, in accordance with the implementing measures adopted pursuant to Article 23(4), point (i) of Directive 2004/109/EC, to the manner required by the sustainability reporting standards referred to in Article 19b;
Amendment 324 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – introductory part
Article 1 – paragraph 1 – point 4 – introductory part
(4) the following Articles 19b, 19c and 19d are inserted:
Amendment 325 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 1
Article 19b – paragraph 1
1. The Commission shall adopt delegated acts in accordance with Article 49 to provide for sustainability reporting standards. Those sustainability reporting standards shall specify the information that undertakings are to report in accordance with Articles 19a and 29a and, where relevant, shall specify the structure, format and calculation in which that information shall be reported. In particular:
Amendment 327 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 1
Article 19b – paragraph 1
(a) by 31 October 2022one and a half years after the entry into force of this Directive, the Commission shall adopt delegated acts specifying the information that undertakings are to report in accordance with paragraphs 1 and 2 of Article 19a, and at least specifyingbeing fully in line with the information correspondmatching to the needs of financial market participants subject to the disclosurereporting obligations of Regulation (EU) 2019/2088 of financial market participants.
Amendment 329 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 1
Article 19b – paragraph 1
(b) by 31 October 2023two years after the entry into force of this Directive, the Commission shall adopt delegated acts specifying:
Amendment 330 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 1
Article 19b – paragraph 1
(i) complementary information that undertakings shall report with regard to the sustainability matters and reporting areas listed in Article 19a(2), where necessaryin a precise and easy accessible form;
Amendment 335 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 1
Article 19b – paragraph 1
(ii) information that the Commission deems undertakings shallnecessary to report that isare specific to the sector in which they operate.
Amendment 340 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 1
Article 19b – paragraph 1
The Commission shall, at least every threfive years after its date of application, review any delegated act adopted pursuant to this Article, taking into consideration the technical advice of the European Financial Reporting Advisory Group (EFRAG), and where necessary shall amend such delegated act to take into account relevant developments, including developments with regard to international standards.
Amendment 347 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2
Article 19b – paragraph 2
(a) specify the information that undertakings are to disclose about environmental factors, including information about:mirroring the definitions and requirements set out in Regulation (EU) 2020/852 and the associated delegated acts.
Amendment 352 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2
Article 19b – paragraph 2
Amendment 360 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2
Article 19b – paragraph 2
Amendment 363 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2
Article 19b – paragraph 2
Amendment 368 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2
Article 19b – paragraph 2
Amendment 373 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2
Article 19b – paragraph 2
Amendment 377 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2
Article 19b – paragraph 2
Amendment 383 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2
Article 19b – paragraph 2
(b) specify the information that undertakings are to disclose about social factors, includinglimited to information about:
Amendment 386 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2
Article 19b – paragraph 2
(i) equal opportunities for all, including gender equality and equal pay for equal work, training and skills development, and employment and inclusion of people with disabilities;
Amendment 397 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2
Article 19b – paragraph 2
(ii) working conditions, including secure and adaptable employment, wages, social dialogue, and collective bargaining and the involvement of workers, work-life balance, and a healthy, safe and well- adapted work environmentin line with employees and workers standards established in the Directive 89/391/EEC ;
Amendment 405 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2
Article 19b – paragraph 2
(c) specify the information that undertakings are to disclose about governance factors, includinglimited to information about:
Amendment 406 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 Directive 2013/34/EU
Article 1 – paragraph 1 – point 4 Directive 2013/34/EU
Amendment 418 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2
Article 19b – paragraph 2
(ii) business ethics and corporate culture, including, anti-corruption and anti- bribery;
Amendment 421 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2
Article 19b – paragraph 2
(iii) direct political engagementsinfluence of the undertaking, including its lobbying activities;
Amendment 424 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2
Article 19b – paragraph 2
(iv) the management and quality of relationships with business partners, includingbusiness partners management, especially payment practices towards SMEs;
Amendment 432 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 3
Article 19b – paragraph 3
3. When adopting delegated acts pursuant to paragraph 1, the Commission shall ensure consistency with its own work and the work of global standard-setting initiatives for sustainability reporting, existing standards and frameworks for natural capital accounting, responsible business conduct, corporate social responsibility, sustainable corporate governance and other sustainable development: The Commission shall furthermore take account of:
Amendment 433 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 3
Article 19b – paragraph 3
Amendment 435 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 3
Article 19b – paragraph 3
(b) the information that financial market participants need to comply with their disclosure obligations laid down in Regulation (EU) 2019/2088 and the delegated acts adopted pursuant to that Regulation, matching the reporting capabilities of the reporting entities;
Amendment 436 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 3
Article 19b – paragraph 3
(c) the criteria set out in the delegated acts adopted pursuant to Regulation (EU) 2020/852*7whose feasibility in practice and by means of concrete templates and examples are ensured by the Commission;
Amendment 438 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 3
Article 19b – paragraph 3
(h a) (i) administrative burden and costs of the undertakings under the scope of this Regulation; In all the delegated acts listed in the Article, the Commission and its advisory bodies will ensure a coordinated and staggered approach to implementation to ensure high reporting/data quality, reliability and implementability.
Amendment 443 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19c
Article 19c
Amendment 448 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19c
Article 19c
Amendment 451 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19c
Article 19c
Amendment 459 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19d – paragraph 1
Article 19d – paragraph 1
1. Undertakings subject to Article 19a shall prepare their financial statements and their management report in a single electronic reporting format in accordance with Article 3 of Commission Delegated Regulation (EU) 2019/815*15 and shall mark-up their sustainability reporting, including the disclosures laid down in Article 8 of Regulation (EU) 2020/852, in accordance with that Delegated Regulation as well as other references made to other regulations in Article 19b.
Amendment 464 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2013/34/EU
Article 20(1) – point g
Article 20(1) – point g
(g) a description of the diversity policy applied in relation to the undertaking's administrative, management and supervisory bodies with regard to gender and other aspects such as, age, or educational and professional backgrounds, the objectives of that diversity policy, how it has been implemented and the results in the reporting period. If no such policy is applied, the statement shall contain an explanation as to why this is the case.;
Amendment 468 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 1
Article 29a – paragraph 1
1. Parent undertakings of a large groupublic-interest entities which are parent undertakings of a large group exceeding on its balance sheet dates, on a consolidated basis, the criterion of the average number of 500 employees during the financial year shall include in the consolidated management report information necessary to understand the group's impacts on sustainability matters, and information necessary to understand how sustainability matters affect the group's development, performance and position.
Amendment 473 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2
Article 29a – paragraph 2
(i) the resilience of the group's business model and strategy to risks related to sustainability matters and climate change;
Amendment 474 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2
Article 29a – paragraph 2
(ii) the opportunities for the group related to sustainability matters and the transition to a carbon-neutral economy;
Amendment 478 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2
Article 29a – paragraph 2
Amendment 481 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2
Article 29a – paragraph 2
Amendment 485 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2
Article 29a – paragraph 2
(v) how the group’s strategy has been implemented with regard to sustainability matters and climate change;
Amendment 496 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2
Article 29a – paragraph 2
Amendment 511 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2
Article 29a – paragraph 2
Amendment 512 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2
Article 29a – paragraph 2
(g) indicators relevant to the relevant to the disclosures referred to in points (a) to (f), which are provided by the Commission by means of an delegated act in collaboration with the technical advice of the EFRAG.
Amendment 513 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2
Article 29a – paragraph 2
Amendment 516 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 3
Article 29a – paragraph 3
3. The information referred to in paragraphs 1 and 2 shall contain, where possible, forward- looking information and information about past performance, andin qualitative and quantitative information. This information shall take into account short, medium and long-term time horizons, where appropriate.
Amendment 524 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 3
Article 29a – paragraph 3
The information referred to in paragraphs 1 and 2 shall also, where appropriatpossible, include references to, and additional explanations of, other information included in the consolidated management report in accordance with Article 29 of this Directive and amounts reported in the consolidated financial statements.
Amendment 526 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 3
Article 29a – paragraph 3
Member States may allow information relating to impending developments or matters in the course of negotiation to be omitted in exceptional cases where, in the duly justified opinion of the members of the administrative, management and supervisory bodies, acting within the competences assigned to them by national law and having collective responsibility for that opinion, the disclosure of such information would be seriously prejudicial to the commercial and competitive position of the group, provided that such omission does not prevent a fair and balanced under standing of the group's development, performance, position and impact of its activity.
Amendment 532 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 5
Article 29a – paragraph 5
Amendment 540 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 7
Article 29a – paragraph 7
The Member State by which the parent undertaking that is exempted from the obligations set out in paragraphs 1 to 4 is governed may require that the consolidated management report referred to in in the first subparagraph of this paragraph is published in its official language or in a language customary in the sphere of international finance, and that any necessary translation into those languages is certified.
Amendment 558 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2013/34/EU
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The power to adopt delegated acts referred to in Article 1(2), Article 3(13), Article 46(2), Article 19b and Article 19cb shall be conferred on the Commission for an indeterminate period of timean period in a five-year rolling process followed by a subsequent scrutiny phase by the Council and the Parliament.
Amendment 561 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2013/34/EU
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The delegation of power referred to in Article 1(2), Article 3(13), Article 46(2), Article 19b and Article 19cb may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an mend to the delegation of the power specified in that decision. It shall take effect the day following the publication of that decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.;
Amendment 567 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b Directive 2013/34/EU
Article 1 – paragraph 1 – point 11 – point b Directive 2013/34/EU
3a. When adopting delegated acts pursuant to Articles 19b and 19c, the Commission shall ensure consistency with the development of international standards and take into consideration technical advice from EFRAG, provided such advice has been developed with proper due process, public oversight and transparency and with the expertise of relevant stakeholders, and is accompanied by cost- benefit analyses that include analyses of the impacts of the technical advice on sustainability matters.
Amendment 568 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2013/34/EU
Article 34 – paragraph 3a
Article 34 – paragraph 3a
The Commission shall consult the Member State Expert Group on Sustainable Finance referred to in Article 24 of Regulation (EU) 2020/852 on the technical advice provided by EFRAG prior to the adoption of the delegated acts referred to in Articles 19b and 19c.
Amendment 569 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2013/34/EU
Article 34 – paragraph 3a
Article 34 – paragraph 3a
The Commission shall request the opinion of the European Securities and Markets Authority on the technical advice provided by EFRAG, in particular with regard to its consistency with Regulation (EU) 2019/2088 and its delegated acts, Regulation (EU) 2020/852 and other legislative acts referred to in Article 19a and 19b of this Directive. The European Securities and Markets Authority shall provide its opinion within twohree months from the date of receipt of the request from the Commission.
Amendment 570 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2013/34/EU
Article 34 – paragraph 3a
Article 34 – paragraph 3a
The Commission shall also consult the European Banking Authority, the European Insurance and Occupational Pensions Authority, the European Environment Agency, the European Union Agency for Fundamental Rights, the European Central Bank, the Committee of European Auditing Oversight Bodies and the Platform on Sustainable Finance established pursuant to Article 20 of Regulation (EU) 2020/852 on the technical advice provided by EFRAG prior to the adoption of delegated acts referred to in Articles 19b and 19c. Where any of those bodies decide to submit an opinion, they shall do so within twohree months from the date of being consulted by the Commission.;
Amendment 571 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c
Article 1 – paragraph 1 – point 11 – point c
Directive 2013/34/EU
Article 34 – paragraph 5
Article 34 – paragraph 5
5. A delegated act adopted pursuant to Article 1(2), Article 3(13), Article 46(2), Article 19b and Article 19c shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of twofour months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by twofour months at the initiative of the European Parliament or the Council. In all the delegated acts listed in the Article, the Commission and its advisory bodies will ensure a coordinated and staggered approach to implementation to ensure high reporting/data quality, reliability and implementability.
Amendment 574 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2013/34/EU
Article 51 – paragraph 2
Article 51 – paragraph 2
Amendment 576 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2013/34/EU
Article 51 – paragraph 2
Article 51 – paragraph 2
(b) an order requiring the natural person or the legal entity responsible to cease the conduct constituting the infringement and to desist from any repetition of that conduct;
Amendment 580 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2013/34/EU
Article 51 – paragraph 3
Article 51 – paragraph 3
(b) the degree of responsibility of the natural person or legal entity responsible;
Amendment 581 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive
Article
Article
(c) the financial strength of the natural person or legal entity responsible;
Amendment 582 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive
Article
Article
(d) the importance of profits gained or losses avoided by the natural person or legal entity responsible, in so far as such profits or losses can be determined;
Amendment 584 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive
Article
Article
(f) the level of cooperation of the natural person or legal entity responsible with the competent authority;
Amendment 585 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive
Article
Article
(g) previous infringements by the natural person or legal entity responsible.’.
Amendment 590 #
2021/0104(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2004/109/EC
Article 28d
Article 28d
Amendment 594 #
2021/0104(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point d
Article 3 – paragraph 1 – point 4 – point d
Directive 2013/34/EU
Article 8(1)
Article 8(1)
Amendment 596 #
2021/0104(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
Directive 2006/43/EC
Article 14
Article 14
Member States shall ensure that statutory auditors approved before 1 January 2023 acquire the necessary knowledge in sustainability reporting and the assurance of sustainability reporting via the continuing education requirement of Article 13. Member States shall ensure that the audit bodies for sustainability reports have a high level of technical and specialised expertise in the field of sustainability in order to assess the information.’;
Amendment 602 #
2021/0104(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 14 – point e
Article 3 – paragraph 1 – point 14 – point e
Directive
Article
Article
The audit report shall be signed and dated by the statutory auditor. Where an audit firm carries out the statutory audit and, where applicable, the assurance of sustainability reporting, the audit report shall bear the signature of at least the statutory auditor(s) carrying out the statutory audit and the assurance of sustainability reporting on behalf of the audit firm. Where more than one statutory auditor or audit firm have been simultaneously engaged, the audit report shall be signed by all statutory auditors or at least by the statutory auditors carrying out the statutory audit and the assurance of sustainability reporting on behalf of every audit firm. In exceptional circumstances Member States may provide that such signature(s) need not be disclosed to the public if such disclosure could lead to an imminent and significant threat to the personal security of any person.;
Amendment 607 #
2021/0104(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 to 3 of this Directive by 1 December 2022one and a half year after the directive has entered into force. They shall immediately inform the Commission thereof.
Amendment 609 #
2021/0104(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall provide that the provisions referred to in the first subparagraph shall apply for financial years starting on or after 1 January 2023not earlier than two full financial years during which the undertakings have had the opportunity to adapt to the provisions and reporting standards set out in this Directive and the accompanying, adopted and published delegated acts.
Amendment 614 #
2021/0104(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Article 4 of this Directive shall apply to financial years starting on or after 1 January 2023not earlier than one full financial years during which the undertakings have had the opportunity to adapt to the provisions and reporting standards set out in this Directive and the accompanying, adopted and published delegated acts..
Amendment 616 #
2021/0104(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Amendment 3 #
2020/2216(INI)
Motion for a resolution
Recital A
Recital A
A. whereas substantial barriers still exist for the realisation of the full potential of the digital single marketin the digital single market still exist and they have to be removed in order to realise its full potential, and whereas a common EU approach is essential for its success;
Amendment 6 #
2020/2216(INI)
Motion for a resolution
Recital B
Recital B
B. whereas digitalisation has the potential to add significant value to the single market as a whole, and is important for both European consumers as well as traditional and non-traditional sectors;
Amendment 23 #
2020/2216(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the importance of a fully functioning digital single market for the benefit of consumers and enterprises and asks for SMEs to be supported in their digital transformation and expects from the Commission to introduce a fitness check for SMEs before proposing legislation;
Amendment 32 #
2020/2216(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that digitalisation and emerging technologies such as AI will be important for achieving the objectives of the Green Deal and for economic recovery from the COVID-19 crisis; considers that the COVID-19 crisis also offers an opportunity to speed up digitalisation, and that the digital transformation must serve the public interest overall;
Amendment 44 #
2020/2216(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to follow the ‘one in, one out’ principle in its future legislative proposals, and to addressvoid the fragmentation of the digital single market, remove any existing unjustified barriers in particular administrative burdens, and support innovation by reducing red tapeespecially for SMEs;
Amendment 84 #
2020/2216(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Outlines that consumer protection should play an important role in the Digital Services Act and is convinced that transparency and due diligence for online marketplaces would enhance the safety of products and therefore strengthen the trust of consumers in online marketplaces;
Amendment 98 #
2020/2216(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Strongly believes that AI can be a force for good for all European citizens, and offer significant benefits and value for the economy, safety, security, education, healthcare, transport and the environment; believes the safety, security, inclusiveness, accessibility and fairness, especially for groups in vulnerable situations, of AI- driven products and services need to be ensured;
Amendment 125 #
2020/2216(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the Commission’s white paper on AI, and calls on the Commission to develop a common EU regulatory framework for AI that is risk-based, proportionate and clear, clear and future-proof;
Amendment 130 #
2020/2216(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that, to varying degrees, AI is already subject to current European legislation, and calls on the Commission to issue clear guidance on the functioning and synergy between any current applicable legislation and any proposed new measures; considers it important not toto concentrate on filling the existing legal gaps in order to avoid over-regulateing AI;
Amendment 141 #
2020/2216(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that the objective of a regulatory framework for AI should be to create an internal market for trustworthy and safe AI-enabled products, applications and services, and that this should be based on Article 114 of the TFEU;
Amendment 160 #
2020/2216(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that a voluntary labelling scheme for trustworthy high-risk AI, based on clear and common guidance drawn up by the Commission, could help improve consumer trust;
Amendment 167 #
2020/2216(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Strongly believes that new regulatory requirements and assessments should be both understandable and implementable, and incorporated into existing sector specific requirements where possible and keep administrative burdens to a minimum;
Amendment 196 #
2020/2216(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission to update the existing product safety and liability framework in order to address new challenges posed by emerging digital technologies such as artificial intelligence;
Amendment 9 #
2020/2132(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. BelievStresses that the Commission’sParliament is a democratically elected body which unlike national parliaments, does not have a formal right of legislative initiative, as set out in the Treaties, has been neither constructive nor productive in recent years, with a decrease in the Commission’s output over the past decade and Commission Presidents not assuming their political responsibilitiesnd therefore the fact that the Commission has the exclusive direct right of legislative initiative creates a problem of democratic legitimacy that has to be addressed; strongly recommends therefore that the Committee on Constitutional Affairs further exploit Parliament’s powers assigned by the Treaties and consider a Treaty revisionanalyse the different ways to give Parliament a direct right of legislative initiative;
Amendment 10 #
2020/2132(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the European Council has a de-facto right of initiative within the area of freedom, security and justice in accordance with Article 68 TFEU, which does not reflect a level playing fieldthe legislative equality between Parliament and Council as foreseen in the Interinstitutional Agreement on Better Law-Making; underlines moreover the early influence by the Member States via their participation in numerous Commission advisory bodies and asks the Commission to ensure to the Parliament the same level of participation;
Amendment 14 #
2020/2132(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that Parliament should have an enhanced direct right of legislative initiative, as it directly represents the European peoplecitizens and not just national interests, which need to be counter- balanced; deplores therefore that this possibility has been regularly deferred to a future Treaty revision;
Amendment 16 #
2020/2132(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that providing Parliament with the right of legislative initiative would require a Treaty revision and therefore exploring the potential of current treaty provisions to enhance the influence the Parliament can have on initiating legislation are worth looking at in order to pave the way to its direct right to initiative;
Amendment 17 #
2020/2132(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses the importance of the Interinstitutional Agreement between the Parliament, Council and the Commission and the Framework Agreement on relation between the Parliament and the Commission and the fact that changes there can enhance the legislative agenda setting powers of Parliament and recalibrate the institutional balance without formally changing the Treaties;
Amendment 18 #
2020/2132(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Proposes to consider developing a procedure for Parliament to support ideas in form of a sponsorship to for instance European Economic and Social Committee´s and European Committee of the Regions’ positions within the framework of Article 225 TFEU;
Amendment 20 #
2020/2132(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Deeply regrets that only one-third of Parliament’s legislative and non- legislative initiative procedures can be considered successful and that most legislative initiative (INL) reports adopted since 2011 did not result the Commission did not follow- up by submitting a positive reply from the Commissionny appropriate proposal1 ; regrets also that, to date, the three-month deadline for the Commission to react to a parliamentary resolution, as laid down in paragraph 16 of the Framework Agreement on relations between the European Parliament and the European Commission (‘2010 FA’)2 , and the one-year deadline for the Commission to come forward with a legislative proposal in response to a legislative initiative report have consistently not been respected; _________________ 1Study ‘The European Parliament’s right of initiative’, Andreas Maurer, University of Innsbruck, Jean Monnet Chair for European Integration Studies and Michael C. Wolf, University of Innsbruck, July 2020, pages 55 and 57. 2 OJ L 304, 20.11.2010, p. 47.
Amendment 22 #
2020/2132(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is of the opinion that INL reports in the area of the ordinary legislative procedure, with only one addressee and workable proposals within realistic timeframes, will be more successful; recommends thereforeclearly defined proposals that focus on the scope of the report and are within realistic timeframes, have a greater chance of being translated into legislative proposals by the Commission; recommends that the Committee on Constitutional Affairs invites the Commission to the negotiating table in order to slightly extend the relevant deadlines and to accommodate alleged organisational difficulties with regard to the 2010 FA and thereby enhance the Commission’s responsiveness to Parliament’s resolutions; expects in return, however, that the Commission’s response to and implementation of an INL report should be automatic translates an INL report automatically into a concrete legislative proposal;
Amendment 25 #
2020/2132(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reminds that Parliament has a structure for impact assessment activities and is convinced that the use of it should be mandatory before drafting a legislative own-initiative report in order to enhance the European added value assessment foreseen in the Interinstitutional Agreement on Better Law-Making;
Amendment 29 #
2020/2132(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission, as the guardian of the Treaties, to adhere to its responsibilities and to honour its own commitmentssystematically involve Parliament in its decisions on the Commission Work Programme, so that Parliament has to approve the programme before its publication in order to enhance Parliaments´ agenda-setting power in the meantime before its direct right to initiative is established;
Amendment 31 #
2020/2132(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Is of the opinion that, if the Commission fails to implement Parliament’s callrequest for a legislative act in the area of the ordinary legislative procedure, its resolution adopted by a majority of members shall Parliament should systematically consider to bring an action regarding the Commission´s failure to act beforme the basis for a legislaCourt of Justivce procedure to be initiated by Parliament itselfof the European Union to have an infringement by the Commission established on the basis of Article 265 TFEU;
Amendment 32 #
2020/2132(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Considers that, were the Commission does not to submit a legislative proposal and fails to provide proper reasons as required by Article 225 TFEU, following Parliament’s request, this would constitute a failure to act and Parliament would reserve its right to take action underause for a motion of censure on the Commission´s activities according to Article 26534 TFEU.;
Amendment 33 #
2020/2132(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is convinced that Article 294 TFEU should be revised in a way that Parliament’s resolution requesting a legislative act pursuant to Article 225 TFEU, adopted by a majority of members shall form the basis for a legislative procedure to be initiated by Parliament itself, if the Commission does not forward a legislative proposal within 12 months after Parliament’s request;
Amendment 1 #
2020/2131(INI)
Draft opinion
Recital 1 a (new)
Recital 1 a (new)
1a. Whereas SMEs are the backbone of the European economy and represent 99% of EU companies;
Amendment 2 #
2020/2131(INI)
Draft opinion
Recital 1 b (new)
Recital 1 b (new)
1b. Whereas European SMEs are currently experiencing unprecedented challenges because of the COVID-19 crisis that threatens their very existence;
Amendment 3 #
2020/2131(INI)
Draft opinion
Recital 1 c (new)
Recital 1 c (new)
1c. Whereas only 17% of SMEs have so far successfully integrated digital technology into their businesses and digitalisation is crucial for a strong economic growth and creation of jobs within the internal market;
Amendment 4 #
2020/2131(INI)
Draft opinion
Recital 1 d (new)
Recital 1 d (new)
1d. Whereas 78% of SMEs see administrative costs as one of the main barriers for their future growth;
Amendment 5 #
2020/2131(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WStrongly welcomes the SME strategy and shares the Commission’s view that SMEs, are essential to the European economy the backbone of the European economy and absolutely essential for economic growth and job creation as well as for a strong and well- functioning internal market; encourages the Commission to swiftly take further initiatives to properly support EU SMEs with the aim to address both the short- term consequences of the crisis and the long-term challenges such as the digitalisation and the transition to a more sustainable internal market;
Amendment 13 #
2020/2131(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the implementation of the SME strategy should focus primarily on supporting SMEs to help them maintain their existence and by aiming at their full recovery and growth, as the COVID-19 crisis has delivered a shock to many SMEs and their crucial role in the everyday life of Europeans; underlines that action should also be taken to support SMEs scaling-up and to enhance their cross- border activities in order to benefit the most from the internal market; recalls that further action should be taken to safeguard SMEs from unfair competition from third countries global players;
Amendment 18 #
2020/2131(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that improved access to finance and liquidity are necessary to support SMEs and that EU funds together with national measures are necessary to allow companies to bridge liquidity gaps caused by the crisis; highlights that SMEs need support to compensate for loss in revenues, to finance fixed costs and avoid bankruptcies; calls for supporting possible access to diverse financial resources for SMEs in order for them not to be dependant only on banking system but also to consider the use of other means including private equity and crowdfunding;
Amendment 19 #
2020/2131(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls for the synchronisation of all financial tools aimed at supporting SMEs within the internal market; insists that programmes crucial for SMEs competitiveness, development and resilience to the crisis, must be included in the next Multiannual Financial Framework and guaranteeing a necessary level of funding that supports them; COVID-19 support schemes should be tailor-made to address challenges of the different sectors affected and to coordinate EU funding with national and regional initiatives; recovery funding also needs to address additional costs that SMEs in particular have to face when complying with additional safety rules during and after the crisis; the European Investment Bank must also continue to support SMEs in particular as part of the sustainable finance approach;
Amendment 31 #
2020/2131(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for a roadmap towards achieving a major reduction in administrative burden and bureaucracy affecting SMEs in the internal market, to boost SMEs potential for investments and speed up EU economic recovery; this should include the following elements: - supporting SMEs to operate cross- border thus fully reaping the benefits of the internal market; - encouraging scale-up; - strengthening and mainstreaming the SMEs dimension in all impact assessments through a binding SME test performed at an early stage of the impact assessment to analyse the economic impact of legislative proposals, including the compliance costs; - applying of the one-in-one-out rule in such a way that for any additional compliance cost introduced by new legislation, the corresponding amount of compliance cost is reduced; - reducing the regulatory burden through concrete targets at EU and national level (such as a reduction by 30% or cut 1000 outdated rules and regulations), in order to make a real benefit for SMEs to grow and prosper within the EU internal market;
Amendment 37 #
2020/2131(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the crucial role of data as the lifeblood of the digital economy; supports the Commission in establishing European data spaces for trusted and secure data sharing to ramp up data flows between businesses and with governments; underlines that SMEs must be given a fair share of the added value of the data they generate and highlights that interoperability and non-discriminatory access to data, including platforms’ data, are key to ensure a digital level playing field within the internal market and to successfully deal with challenges and opportunities emerging from data sharing, data security and cybersecurity issues across the whole internal market;
Amendment 43 #
2020/2131(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that there is the need to facilitate the SMEs’ uptake of Artificial Intelligence by promoting the creation of SME cross-border Alliances for AI in strategic value chains within the internal market, as well promoting investment in the next generation of standards, tools and infrastructures to store and process data; points out that it is important to ensure SMEs’ access to and awareness of ICT standards to innovate and provide more tailored digital solutions;
Amendment 50 #
2020/2131(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages Member States to implement the single digital gateway in an SME-friendly way by cooperating closely with regional and local authorities as well as with the other Member States and by providing easy digital access to information, procedures, and services linked to doing business across borders, including advice on public procurement and funding sources;
Amendment 63 #
2020/2131(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to simplify procurement tendering processes by using the flexibility of the EU’s newCommission’s new guidance within the EU’s public procurement framework and to enhance opportunities for SMEs in the internal market by using digital tools and platforms to expand cross-border procurement; stresses that greensustainable public procurement can make an important contribution to building a sustainable economythe transition to a more sustainable economy and that SMEs need the right support to bring forward this transition;
Amendment 74 #
2020/2131(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 10 #
2020/2076(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the EU requires a clear, industry-oriented vision for 2030 and, moreover, should keep in mind that coordinated decisions and actions are needed at all levels – European, national and local – to safeguard the overall competitiveness of European industry;
Amendment 18 #
2020/2076(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that thise COVID-19 crisis has demonstrated the need for the EU to adjust its industrial strategy by strengthening the defence of its strategic intereststo adapt industrial strategy in Europe to allow the EU’s strategic interests to be defended more effectively without abandoning international trade;
Amendment 21 #
2020/2076(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 28 #
2020/2076(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Proposes an assessment of the economic impacts of the COVID-19 crisis within individual sectors to allow industrial strategy to be adapted on the basis of proven facts;
Amendment 39 #
2020/2076(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that such an objective implies relocating in the EU the industrieIs aware of the importance of international trade to the European Union, but at the same time considers it imperative to secure the EU’s strategic autonomy by reducing its courresponding to these ecosystems, so as to avoid any excessive dependence on third countriesnt dependence on third countries, at least in relation to essential goods such as active pharmaceutical ingredients and raw materials, and in the area of digitisation;
Amendment 43 #
2020/2076(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the need for a tradeEuropean trade, economic and industrial policy capable of diversifyadapting the EU’s sources of supply as required, and for European companies to be encouraged to be flexible and capable, when needed, of urgently reorienting their production towards vital products;
Amendment 49 #
2020/2076(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that it is also prudent to encourage Member StatesMember States should also be encouraged to build up sufficient stocks of certain items of emergency equipment, such as FFP2 masks and surgical masks; in this respect, welcomes the Commission’s ‘rescEU’ initiative, which aims to create European added value through the coordinated procurement and distribution of emergency equipment;
Amendment 56 #
2020/2076(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that imported products should always comply with EU safety, technical, environmental and health standards and with EU intellectual property law;
Amendment 59 #
2020/2076(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 68 #
2020/2076(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission to help tWelcomes the fackt the crisis caused by the COVID-19 pandemic by pursuing an ambitious policy of stimulating innovation in technologies of the future, in particular those using artificial intelligence.at the Commission is making a significant contribution to tackling the crisis caused by the COVID-19 pandemic;
Amendment 71 #
2020/2076(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that artificial intelligence (AI) has a key role to play in the European economic recovery that is urgently needed after the COVID-19 pandemic; calls on the Commission, therefore, to avoid excessive regulation and to reduce the administrative burden when creating a legal framework for AI, in order to avoid slowing the pace of innovation and the economic growth of European businesses;
Amendment 72 #
2020/2076(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that the European Commission should continue to play a leading role in global industrial policy in the future and should therefore pursue an ambitious policy that incentivises innovation, in particular in the area of digitisation and future technologies such as artificial intelligence and quantum computing;
Amendment 74 #
2020/2076(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Stresses that a small number of digital service providers enjoy a dominant position within the EU and, by skilfully shifting their profits, these providers in particular are paying relatively little tax; calls on the Member States, therefore, in the absence of the preferred international solution at OECD level, to provide for a European digital tax for the digital economy to ensure fair competition within the Digital Single Market;
Amendment 75 #
2020/2076(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Points out that the digitisation of public administration could contribute to a significant reduction in bureaucracy for citizens and businesses; calls on the Member States, therefore, to take steps to structure their legal frameworks in such a way that the potential of such digitisation can be fully exploited;
Amendment 78 #
2020/2076(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Points out that, according to the Commission’s Report on the protection and enforcement of intellectual property rights in third countries of January 2020, intellectual property theft, in particular by China and India, is causing significant harm to European businesses; calls on the European Union and its Member States, therefore, to adopt a coordinated, efficient and effective approach in the fight against intellectual property crime;
Amendment 79 #
2020/2076(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Points out that a number of sectors, such as the steel and automotive industries, have been severely impacted by the COVID-19 pandemic and, therefore, that the industrial strategy should include special measures, such as the postponement of measures already adopted that are placing an additional burden on these sectors;
Amendment 80 #
2020/2076(INI)
Draft opinion
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Calls on the Commission in particular to adopt the announced Intellectual Property Action Plan quickly, as this could be a crucial tool in safeguarding European technological sovereignty, promoting fair global competition, improving the fight against intellectual property theft, and adapting the legal framework for intellectual property to environmental and digital challenges and opportunities;
Amendment 81 #
2020/2076(INI)
Draft opinion
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Calls on the Commission to publish the Intellectual Property Action Plan as soon as possible, to incorporate measures to promote the single European patent and to propose measures to prevent the abuse of patent rights by non- practising entities, with a view to creating an efficient and well-balanced patent system in the service of a competitive and fair European internal market;
Amendment 83 #
2020/2076(INI)
Draft opinion
Paragraph 9 e (new)
Paragraph 9 e (new)
9e. Points out that business insolvencies often trigger a number of knock-on insolvencies and therefore welcomes the European Commission’s proposal for a temporary Solvency Support Instrument; also calls on the European Commission and Member States to consider suitable further measures and legislative initiatives to prevent businesses from becoming insolvent through no fault of their own;
Amendment 96 #
2020/2076(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Stresses the importance of the EU enhancing cooperation between the European institutions, Member States, the EIB, key industrial and innovative stakeholders, SMEs and building new partnerships in strategic areas, such as the European Battery Alliance (EBA), creating competitive manufacturing value chains in Europe in line with the Green Deal’s digital and environmental objectives;
Amendment 113 #
2020/2076(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Underlines that new technologies such as Artificial Intelligence (AI), the Internet of Things (IoT) and robotics play a key role, proportional to their potential to contribute to development of industrial processes and innovations, offering benefits for consumers through innovative products and services and for businesses through optimised performance; underlines that the industrial policy should take into account Union’s legal framework for consumer safety and liability should fit in due time technological developments and ensure high level of consumer protection, creation of trust in new technologies and legal certainty for businesses;
Amendment 61 #
2020/2073(INL)
Motion for a resolution
Recital H
Recital H
H. whereas, however, the current legal framework does not allow for the necessary immediate action needed to remedy the illegal broadcast of live sport events; whereas, moreover, Member States have adopted rules on notice and action mechanisms thatexisting in some Member States are not harmonised;
Amendment 66 #
2020/2073(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests thatCalls on the Commission to submit without undue delay a proposal for legislative acts, following the recommendations set out in the Annex hereto;
Amendment 174 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 5
Annex I – part 2 – paragraph 2 – indent 5
- enhance cooperation between Member States’ authorities, including by way of exchange of data and best practices and by creating an active and up-to-date network of national authorities; the Commission should assess the added-value of appointing an independent administrative authority in each Member State that would have a role to play in the enforcement system, especially in the case of swift enforcement, such as for online piracy of live sport content;
Amendment 6 #
2020/2028(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the European system of technical regulation and standardisation has demonstrated to be a driver for competitiveness, innovation and consumer safety in Europe, making European standards a global benchmark;
Amendment 10 #
2020/2028(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the current gaps in the content of harmonised standards are an obstacle to Member States in meeting their responsibilities with regard to structural safety, health and other construction-related matters;
Amendment 18 #
2020/2028(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points to the specific nature of the CPR, which differs in some areas from the general principles of the new legislative framework (NLF), chiefly because it does not harmonise any specific requirements or minimum safety levels for construction products, but instead defines a common technical language for measurassessing the performance of construction products over their essential characteristics;
Amendment 21 #
2020/2028(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is concerned that the deficient and incomplete implementation of the CPR in some Member States has led to severe legal uncertainties and unpredictabilities for builders, contractors, planners and architects; urges the Commission to find unbureaucratic and pragmatic solutions without delay and in consent with the Member States in order to overcome these undesirable and negative effects on the European construction sector.
Amendment 22 #
2020/2028(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that the common technical language set up by the CPR is defined by harmonised European standards, and by European Assessment Documents (EADs) for products not or not fully covered by harmonised standards; acknowledges that the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation(Cenelec) are the competent organisations for the drafting of harmonised standards, while the European Organisation for Technical Assessment (EOTA) and Technical Assessment Bodies (TAB) are responsible for the preparation of EADs;
Amendment 24 #
2020/2028(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that unlike other NLF legislation, the use of harmonised standards under the CPR is mandatory, which requires an effective system of adoption to address the needs of industry, keep up with technological developments and, ensure legal clarity and meet the regulatory needs of Member States;
Amendment 28 #
2020/2028(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned by the fact that of the 444 existing harmonised standards for construction products, only 12 were issued after the adoption of the CPR; believes that the time required for the development and citation of standards, and the backlog for revising and updating existing standards (CPR acquis) and the lack of clear and pragmatic guidance by the Commission are among the most significant problems associated with the implementation of the CPR;
Amendment 31 #
2020/2028(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is concerned that a significant number of standards do not fully cover all product requirements necessary for their use in construction works; stresses the urgent need to review standards which are incomplete in a way that all construction products can be used without further precautionary measures;
Amendment 32 #
2020/2028(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urgently calls on the Commission to find a quick and viable solution to improve the standardisation processes and remove the backlog of non-cited standards; supports, in this regard, a combination of short-term measures to tackle the backlog as well as regulatory gaps alongside long- term measures to improve the process of defining the common technical language and preferably comprehensive standards; calls for existing harmonised European standards to be considered to be part of short-term measures;
Amendment 39 #
2020/2028(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points to the fact that standardisation issues need to be addressed in all steps of the preparation process; calls for transparency and openness from all parties involved; highlights the need to ensure the high quality of the mandates issued by the Commission and the necessity to provide clear and pragmatic guidelines for the standardisation bodies; suggests establishing clearly defined timeframes for the Commission to assess the prepared standards and clear deadlines for all parties to ensure further revision if a mandate or the CPR is found not to have been adhered to; considers it important to define the scope of the standards more precisely so that manufacturers can have clear guidance when declaring that their products fall within the scope;
Amendment 40 #
2020/2028(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that owing to the mandatory nature of standards within the context of the CPR and the fact that they are considered part of Union legislation, the texts of issued harmonised standards should be available in all Union languages; highlights the need to ensure high-quality translation and involve national standardisation bodies in the translation process; calls on the Commission to further support and simplify the financial arrangements for the translation of harmonised standards;
Amendment 45 #
2020/2028(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is concerned by the fact that while the alternative route for products not or not fully covered by harmonised standards was included in the CPR also to allow innovative products to enter the market, the vast majority of EADs do not concern innovative products;
Amendment 46 #
2020/2028(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes, in consequence, that the current underperformance of the standardisation system is one factor leading to an increasing use of the European Organisation for Technical Assessment (EOTA) route as an alternative means of standardisation;
Amendment 48 #
2020/2028(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that the current procedure for developing EADs has to address the manufacturers’ goal of putting innovative products on the market as quickly as possible;
Amendment 52 #
2020/2028(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes that the CE marking is a mean to allow construction products legally placed on the market in one Member State to be marketed on the territory of any other Member State; highlights, however, that the CE marking under the CPR differs from other NLF legislation since it only refers to the product performance and does not attest the conformity with specific product requirements, as it is the case for other products that are CE marked under NLF;
Amendment 54 #
2020/2028(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13a. Regrets the fact that the CE marking is wrongly understood as a quality mark, while it does not determine whether a construction product is safe or could be used in construction works; believes that further solutions are needed to provide end-users with precise and clear information with regard to safety of construction products and their compliance with national building safety and construction works requirements;
Amendment 59 #
2020/2028(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to consider the possibility of including in the CPR minimum product requirements aimed at ensuring health and safety, structural integrity and protecting the environment and other public interests, thereby following the approach of NLF legislation, which has proven to be effective;
Amendment 64 #
2020/2028(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that digital solutions such as a ‘Smart DoP’ could be used to allow economic operators to quickly assess and compare requirements for construction works with the information provided in the DoP, so that users can benefit from the information provided by manufacturers in their declarations of performance; notes that the CPR should not only ensure the accuracy and reliability of the declared performance, but also its reliability;
Amendment 66 #
2020/2028(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Believes that such an approach would increase trust in EU harmonisation, improve the quality of harmonised standards, strengthen the confidence of market players in the CE marking, ensure the safety of construction products placed on the market and help reduce fragmentation of the single market;
Amendment 72 #
2020/2028(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
Amendment 73 #
2020/2028(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to adopt implementing acts under Regulation (EU) 2019/1020 in order to determine the uniform conditions of checks, criteria for the determination of the frequency of checks and the amount of samples to be checked in relation to certain products or categories of products, and to lay down benchmarks and techniques for checks on harmonised products, including construction products, both by taking into account the specificities of the construction sector which still should have an impact on a revised CPR;
Amendment 79 #
2020/2028(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers it necessarycrucial for national market surveillance authorities responsible for construction products to cooperate closely with national building control authorities to ensure a nuanced approach in assessing the conformity of construction products used in construction works with the declared performance or intended use, as well as ensure their compliance with building regulations, thereby guaranteeing the safety and security of end-users;
Amendment 106 #
2020/2028(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Emphasises that any revision of the CPR should be in line with the principles and objectives of Regulation (EU) No 1025/2012 as regards the preparation of harmonised standards in order to ensure their transparency and quality, as well as the specificities of the construction sector; highlights that any revisiond should ensure the appropriate involvement of all interested parties and Member states' regulatory needs;
Amendment 108 #
2020/2028(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses the need to ensure legal clarity for a transitional period as regards any revision of the CPR and the review of the CPR acquis, in order to avoid a legal vacuum; involving all interested parties;
Amendment 109 #
2020/2028(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Is concerned that any revision of the CPR and, in particular, the review of the CPR aAcquis will take significant time, while manufacturers, building companies, builder-owners, awarding authorities, planners, member states users and end- users need immediate solutions to overcome the legal uncertainty resulting from the lack of updated harmonised standards and, among others, regulatory gaps; calls on the Commission to address this issue as a matter of priority, including a targeted short-term legal amendment to cope with the urgent legal and technical challenges and at the same time to forcefully advance a fundamental revision of the CPR; calls on the Commission to address this issue prior to any revision of the CPR and in the review of the CPR aAcquis;.
Amendment 7 #
2020/2022(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s intention to introduce a harmonised approach addressing obligations imposed onfor online intermediaries, in order to avoid fragmentation of the internal market while guaranteeing users fundamental rights; stresses that any measure related to fundamental rights should be carefully balanced and take into account the possible impact on the functioning of the internal market, and calls on the Commission to avoid the ‘export’ of national regulations and instead to propose the most efficient and effective solutions for the internal market as a whole without creating new administrative burdens and keeping the digital single market open and competitive;
Amendment 17 #
2020/2022(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. States that limited liability provisions as set out in the e-Commerce Directive1 must be maintained and strengthenwhere needed, updated in the Digital Services Act to better protect users and consumers, particularly in order to protect freedom of expression and the freedom to provide services; underlines the importance of these protections to the growth of European SMEscompanies, SMEs and microbusinesses in particular; _________________ 1 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’), OJ L 178, 17.7.2000, p. 1.
Amendment 20 #
2020/2022(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to introduce provisions protecting consumers from harmful microtargeting; in this respect, believes that specific limitations, i.e. of microtargeting based on characteristics exposing physical or psychological vulnerabilities, transparency obligations in regard to algorithms used by platforms and adequate tools empowering users to enforce fundamental rights online, are necessary in order to protect consumer rights effectively;
Amendment 31 #
2020/2022(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises that online intermediaries, including microcompanies, SMEs and large players have differing capabilities with regard to the moderation of content; warns that overburdening businesses with disproportionate new obligations could further hinder the growth of SMEs and require recourse to automatic filtering tools, which may often lead to the removal of legal content;
Amendment 22 #
2020/2019(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas digital services are used by the majority of Europeans on a daily basis, but are subject to an increasingly wide set of rules across the EU leading to significant fragmentation on the market and consequently legal uncertainty for European users and services operating cross-borders, combined with lack of regulatory control on key aspects of today's information environment;
Amendment 47 #
2020/2019(INL)
Motion for a resolution
Recital F
Recital F
F. whereas content hosting platforms may determine what content isand how content, services and products are shown to their users, thereby profoundly influencing the way we obtain and communicate information, to the point that a few content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that respects fundamental rights and the civil law rights of the users;
Amendment 91 #
2020/2019(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Proposes that the Digital Services Act sets up clear rules for the responsibility of content hosting platforms for goods sold or advertised on them in order to close the legal gab in which the user failed to obtain the satisfaction to which he or she is entitled according to the law or the contract for the supply of goods for example because of the inability to identify the primary seller;
Amendment 93 #
2020/2019(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Proposes that the Digital Services Act follow a sector and problem-specific approach and make a clear distinction between illegal and harmful content when elaborating the appropriate policy options;
Amendment 96 #
2020/2019(INL)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines that any new framework established in the Digital Services Act should be manageable for small businesses, SMEs and start-ups and should therefore include proportionate obligations and clear safeguards for all sectors;
Amendment 98 #
2020/2019(INL)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Proposes that the Digital Services Act set the obligation for digital service providers without a permanent establishment in the EU to designate a legal representative for the interest of users within the European Union and to make the contact information of this representative visible and accessible on its website;
Amendment 120 #
2020/2019(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends the establishment of a European Agency tasked withAsks from the European Commission to monitoring and enforcinge compliance with contractual rights as regards content management, to auditing any algorithms used for automated content moderation and curation, and imposing penalties for non- compliance;
Amendment 132 #
2020/2019(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Suggests that content hosting platforms regularly submit transparency reports to the European AgencyCommission, concerning the compliance of their terms and conditions with the provisions of the Digital Services Act; further suggests that content hosting platforms publish their decisions on removing user-generated content on a publicly accessible database;
Amendment 148 #
2020/2019(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the firm position that the Digital Services Act must not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante controls of content, and considers that any such mechanism voluntarily employed by platforms must be subject to audits by the European AgencyCommission to ensure that there is compliance with the Digital Services Act;
Amendment 158 #
2020/2019(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is of the view that the use of targeted advertising must be regulated more strictly in favour of less intrusive forms of advertising that do not require extensive tracking of user interaction with content and that behavioural advertising should depend on the users´ consent;
Amendment 189 #
2020/2019(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. SuggestAsks thate content hosting platforms publish allto make each sponsored advertisements madeclearly visible to their users;
Amendment 238 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – introductory part
Annex I – part A – part I – introductory part
The key elements of the proposals to be included in the Digital Services Act should beDigital Services Act should reflect among others the following elements of the proposals, on the basis of a proper public consultation and impact analysis:
Amendment 240 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –introductory part
Annex I – part A – part I – section 1 –introductory part
A regulation ‘on contractual rights as regards content managementof users of content hosting platforms’ and that contains the following elements:
Amendment 258 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –indent 5 a (new)
Annex I – part A – part I – section 1 –indent 5 a (new)
- It should provide rules regarding the responsibility of content hosting platforms for goods sold or advertised on them taking into account supporting activities for SMEs in order to minimize their burden when adapting to this responsibility.
Amendment 263 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – introductory part
Annex I – part A – part I – section 2 – introductory part
Amendment 278 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – introductory part
Annex I – part A – part I – section 2 – indent 4 – introductory part
- imposing fines for non-compliance with the Digital Services Act. Fines should be set at up to 4% of the total worldwide annual turnover of the content hosting intermediary and take into account the platform’s overall compliance with the Digital Services Act. The fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the Regulationregular reviewing the fines imposed by national authorities for non- compliance with the Digital Services Act. Instances of non- compliance should include:
Amendment 296 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 3
Annex I – part A – part I – section 2 – indent 4 – subi. 3
- failure to provide access for the European AgencyCommission to content moderation and curation algorithms for review;
Amendment 303 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 4
Annex I – part A – part I – section 2 – indent 4 – subi. 4
- failure to submit transparency reports to the European AgencyCommission;
Amendment 365 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 5
Annex I – part B – recital 5
(5) Concerning relations with users, this Regulation should lay down minimum standards for the transparency and accountability of terms and conditions of content hosting platforms. Terms and conditions should be clear accessible, intelligible and unambiguous and include transparent, binding and uniform standards and procedures for content moderation, which should guarantee accessible and independent recourse to judicial redress.
Amendment 376 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 8 a (new)
Annex I – part B – recital 8 a (new)
(8a) Far too many goods sold online do not follow safety standards. One way of ensuring that content hosting platforms perform due diligence checks of goods sold by it or through it is to make the platforms jointly and severally responsible together with the primary seller. This would not be unreasonable for the content hosting platforms given that they take a share of the proceeds. Special attention should be paid to enable small and medium sized platforms to perform these checks and any supporting activity such as standardisation should ensure that administrative burdens are kept to a minimum.
Amendment 417 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 3 –point 2
Annex I – part B – Article 3 –point 2
(2) ‘'illegal content’' means any concept, idea, expression or information in any format such as text, images, audio and videoinformation which is not in compliance with Union law or the law of a Member State concerned;
Amendment 435 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 4 a (new)
Annex I – part B – Article 4 a (new)
Article 4a Responsibility for goods 1. Any person procuring goods from a content hosting platform or through advertising on a platform shall have the right to pursue remedies against the platform if the person has pursued his or her remedies against the supplier but has failed to obtain the satisfaction to which he or she is entitled according to the law or the contract for the supply of goods. 2. The Commission should publish guidelines in particular for small and medium sized platforms in order to support them coping with their responsibility for goods and to ensure that administrative burdens are kept to a minimum. 3. A platform that has become liable according to this article shall have the right to be indemnified by the supplier.
Amendment 442 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 5 – subparagraph 2
Annex I – part B – Article 5 – subparagraph 2
A content hosting platform mahas to take effective measures to tackle systematic abusive behaviour in particular by blocking a user who repeatedly issues false notices from issuing further notices.
Amendment 443 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 6 – introductory part
Annex I – part B – Article 6 – introductory part
Content hosting platforms shall include in their terms and conditions sufficientclear, accessible, intelligible and unambiguous information regarding notice procedures, in particular:
Amendment 468 #
Amendment 473 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 12 – paragraph 1
Annex I – part B – Article 12 – paragraph 1
Without prejudice to judicial or administrative orders regarding contentillegal activities´ online, content that has been the subject of a notice shalland action procedure shall be removed and remain invisible to the public until a final decision has been taken regarding its removal or takedown.
Amendment 73 #
2020/2018(INL)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises that any new framework in field of the digital services must be manageable for European start- ups and SMEs and should therefore include proportionate obligations and clear safeguards for all sectors;
Amendment 78 #
2020/2018(INL)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses the importance to extend the territorial scope of the Digital Services Act to cover also the activities of digital service providers established in third countries as long as they offer their services in the EU. Suggests that where intermediaries are established in a third country, they should designate a legal representative, established in the Union, who can be held accountable for the products or services they offer;
Amendment 103 #
2020/2018(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a future-proof, comprehensive EU-level framework and fair competition are crucial in order to promote the growth of European small- scale platforms, small and medium enterprises (SMEs), micro companies, entrepreneurs and start-ups, prevent market fragmentation and provide European businesses with a level playing field that enables them to better profit from the digital services market and be more competitive on the world stage;
Amendment 198 #
2020/2018(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers and therefore stresses the urgent need to set up clear rules in order to enhance consumer protection;
Amendment 207 #
2020/2018(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be establishfraudulent companies and individuals cannot be established; and therefore, consumers cannot seek compensation for the damages and losses experienced;
Amendment 221 #
2020/2018(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. ConsidersIs convinced that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, and the minimum information requirements on commercial communications, should be substantially strengthened;
Amendment 249 #
2020/2018(INL)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 285 #
2020/2018(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that consumers should be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; considers it essential that automatic decision-making systems do not generate unfairly biased outputs for consumers in the single market; believes that it should be always possible for consumers to be properly informed about interacting with automated decision-making, and about how to reach a human with decision- making powers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;
Amendment 344 #
2020/2018(INL)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Believes that where intermediaries are established in a third country, they should designate a legal representative, established in the Union, who can be held accountable for the products they offer;
Amendment 392 #
2020/2018(INL)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules on product safety and do not sufficiently guarantee consumer rights; stresses, in this context, the need for a possibility to always identify manufacturers and sellers of products from third countries; underlines that if one of the services provided by a platform can be considered a marketplace ("hybrid platforms"), the rules should fully apply to that part of the business; and asks the online marketplaces to enhance their cooperation by exchanging information on the seller of these products with the market surveillance and the custom authorities;
Amendment 405 #
2020/2018(INL)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards and, therefore. asks the Commission to increase the responsibility of online marketplaces selling non-food consumer products as outlined in the annex;
Amendment 440 #
2020/2018(INL)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy and asks the Commission to analyse the consequences this has for consumers, SMEs and the Single Market;
Amendment 475 #
2020/2018(INL)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 480 #
2020/2018(INL)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that a central regulatory authority should be established which should be responsible for the oversight and compliance with the Digital Services Act and have supplementary powers to tackle cross-border issues; it should be entrusted with strong investigation and enforcement powers; stresses that cooperation between national as well as other Member States’ authorities, civil society and consumer organisations is of utmost importance for achieving effective enforcement;
Amendment 490 #
2020/2018(INL)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Takes the view that the central regulatory authority should prioritise cooperation between Member States toCommission should address complex cross-border issues by working in close cooperation with a network of independent National Enforcement Bodies (NEBs);
Amendment 619 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)
- Measures to address the problem of fake profiles of users and service providers should be explored by the Commission. Information society service providers and users should be identifiable by authorities if needed; this would be the case if they commit an illegal activity online. The Commission should come up with measures that allow judiciary authorities to identify and catch in a very agile way those users that carry out illegal activities (to protect both, users and platforms), while preserving the data protection rights of each user. The creation of a digital identity could be a solution to this challenge.
Amendment 649 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)
- The transparency requirements should also apply to targeted adverts; criteria for profiling targeted groups and optimisation of advertising campaigns must be made clear to verify any abuse. Users should be aware and have previously given their consent if they are going to receive targeted adverts;
Amendment 651 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 b (new)
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 b (new)
- Specific requirements in regard to behavioural advertising, including micro targeting, should be introduced in order to protect public interest; behavioural advertising based on certain characters, i.e. exposing mental or physical vulnerabilities, should not be allowed at all, while some other characteristics should be allowed only under the opt-in condition by the users;
Amendment 751 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 11
Annex I – part V – paragraph 2 – indent 11
- create an obligation for the online intermediaries to verify the notified content and reply in a timely manner to the notice provider and the content uploader with a reasoned decision;
Amendment 811 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 3
Annex I – part VI – paragraph 2 – indent 3
- ensure that online marketplaces make it clear into which country the products are sold or services are being provided, regardless whether they are provided by that marketplace, a third party or a seller established inside or outside the Union;
Amendment 816 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4
Annex I – part VI – paragraph 2 – indent 4
- ensure that online marketplaces remove quickly any misleading information given by the supplier or by customers, including misleading guarantees and statements made by the supplier;
Amendment 818 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4 a (new)
Annex I – part VI – paragraph 2 – indent 4 a (new)
- ensure that online marketplaces foresee an easy to find specific contact point for consumers and national authorities for the notice of unsafe goods on their website;
Amendment 819 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4 b (new)
Annex I – part VI – paragraph 2 – indent 4 b (new)
- ensure that online marketplaces have to check if a product is on the Union Rapid Alert System for dangerous non- food products (Rapex) before placing it on their website;
Amendment 827 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5 a (new)
Annex I – part VI – paragraph 2 – indent 5 a (new)
- oblige online marketplaces to exchange information on repeat offenders and to take measures to avoid that goods taken down from one website reappear on other online marketplaces;
Amendment 829 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 6
Annex I – part VI – paragraph 2 – indent 6
- oblige online marketplaces to inform consumers of any safety issues and ofto enhance cooperation with national authorities and consumer associations on recalls and take any action required to ensure that recalls are carried out effectively;
Amendment 849 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 1
Annex I – part VII – paragraph 1
The Digital Services Act should put forward a proposal to ensure that the systemic role of specific online platforms will not endanger the internal market by unfairly excluding innovative new entrants, including SMEs., entrepreneurs and start- ups, creating market failures;
Amendment 1 #
2020/2014(INL)
Draft opinion
Recital A
Recital A
A. whereas Artificial Intelligence (AI) playsemerging digital technologies, such as Artificial Intelligence (AI), the Internet of Things and of Services (IoT/IoS) or robotics, play and will continue to play an increasing role in our everyday lives and hasve the potential to contribute to the development of innovations in many sectors and offer benefits for consumers through innovative products and services and, for businesses, through optimised performance;
Amendment 5 #
2020/2014(INL)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas these emerging digital technologies are transforming the characteristics of many products and services, requiring in turn a clear safety and liability framework, ensuring both consumer protection and legal certainty for businesses;
Amendment 8 #
2020/2014(INL)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the Union's existing safety and liability framework might need to be adapted, as highlighted by the Commission's Report on the safety and liability implications for Artificial Intelligence, the Internet of Things and robotics;
Amendment 9 #
2020/2014(INL)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas product safety and product liability are two complementary mechanisms pursuing the same policy goal of a functioning single market for goods and services, and this Opinion suggests possible adjustments to the Union liability frameworks in light of the increased importance of emerging digital technologies;
Amendment 15 #
2020/2014(INL)
Draft opinion
Recital C
Recital C
C. whereas robust liability mechanisms remedying damage contribute to better protection of consumers, creation of trust in new technologies integrated in products and acceptance for innovationitizens and consumers from harm, creation of trust in emerging digital technologies while ensuring legal certainty for businesses and enabling them to innovate;
Amendment 21 #
2020/2014(INL)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 25 #
2020/2014(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that the Product Liability Directive was adopted in 1985 and was revised in 1999 and since then products evolved a lot, therefore the Product Liability Directive is not fit for purpose anymore and needs to be updated;
Amendment 26 #
2020/2014(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. StressesPoints out the need to assess to what extent thedapt the Union's existing liability framework, and in particular the Council Directive 85/374/EEC1 (the Product Liability Directive), needs to be updated in order to guarantee effective consumer protection and - PLD), to the digital world; calls on the Commission to revise the PLD, by addressing the challenges posed by emerging digital technologies such as artificial intelligence, the Internet of things (IoT) or robotics, thereby ensuring effective citizen and consumer protection from harm as well as legal clariertainty for businesses, while avoiding high costs and risks especially for small and medium enterprises and start- ups; __________________ 1 Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29).
Amendment 41 #
2020/2014(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to assess whether definitions and concepts in the product liability framework need to be updated due to the specific characteristics of AI apprevise the product liability framework by taking into account the specific challenges of digitalicsations for liability law such as complexity, autonomy and opacconnectivity, openness, autonomy, opacity (un)predictability, data- drivenness and vulnerability;
Amendment 45 #
2020/2014(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Firmly believes that in order to efficiently exploit the advantages and prevent potential misuses, principle-based and future-proof legislation across the EU for all AI-systems is crucial; is of the opinion that, while sector specific regulations for the broad range of possible applications are preferable, a horizontal legal framework based on common principles seems necessary to establish equal standards across the Union and, effectively protect our European values and ensure legal clarity, with the legal framework being limited to filling existing legal gaps;
Amendment 51 #
2020/2014(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to scrutinise whether it is necessary to include software in the definition of ‘products’ under the Product Liability Directive and asks the Commission to update concepts such as ‘producer’, ‘damage’ and ‘defect’, and if so, to what extent; asks the Commission to also examine whether the product liability framework needs to be revised in order to protect injured parties efficiently as regards products that are purchased as a bundle with related services;
Amendment 52 #
2020/2014(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the Product Liability Directive considers the moment when products are put into circulation as the decisive moment for the producers liability and that for AI systems the producer retains to some degree control after the product has been put into circulation, therefore asks the Commission to update this concept in its revision of Product Liability Directive;
Amendment 55 #
2020/2014(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Asks the Commission to consider the liability of online marketplaces by qualifying them as 'supplier' under the Product Liability Directive;
Amendment 64 #
2020/2014(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to evaluate whether and to what extent the burden of proof should be reversedconsider adapting the rules governing the burden of proof for harms caused by emerging digital technologies, in order to empower harmed consumers while preventing abuse and providing legal clariertainty for businesses;
Amendment 71 #
2020/2014(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the Product Liability Directive (PLD) has proven to be an effective means of getting compensation for harm triggered by a defective product; hence, notes that it should also be used with regard toshould be reviewed, and that this review should include adjustments of the definitions of product and defect in order to allow civil liability claims against the producer of a defective AI-system, when the AI-system qualifies as a product under that Directive; if; legislative adjustments to the PLD are necessary, they should be discussed during a review of that Directive; is of the opinion that, for the purpose of legal certainty throughout the Union, the ‘backend operator’ should fall under the same liability rules as the producer, manufacturer and developer;
Amendment 81 #
2020/2014(INL)
Draft opinion
Paragraph 9
Paragraph 9
9. Asks the Commission to carefully assess the advantages and disadvantages of introducing a strict liability model for products containing AI applicationintroduction of a separate yet complementary strict liability regime for AI systems presenting a high risk to cause harm or damage to one or more persons in a manner that is rand consider it only in specific high risk areas; underlines the need to strictly respect the proportionality principle if this approach is retainedom and impossible to predict in advance, taking into account its likely impact on the protection of citizens and consumers from harm, the capacity of businesses - particularly SMEs - to innovate, the coherence of the Union's safety and liability framework and on the principles of subsidiarity and proportionality.
Amendment 85 #
2020/2014(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Opines that liability rules involving the deployer should in principle cover all operations of AI-systems, no matter where the operation takes place and whether it happens physically or virtually; remarks that operations in public spaces that expose many third persons to a risk constitute, however, cases that require further consideration; considers that the potential victims of harm or damage are often not aware of the operation and regularly do not have contractual liability claims against the deployer; notes that when harm or damage materialises, such third persons would then only have a fault-liability claim, and they might find it difficult to prove the fault of the deployer of the AI-system and thus corresponding liability claims might fail;
Amendment 114 #
2020/2014(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recommends that all high-risk AI- systems be listed in an Annex to the proposed Regulation; recognises that, given the rapid technological change and the required technical expertise, it should be up to the Commission to review that Annex every six months and if necessary, amend it through a delegated actrecognises that, given the rapid technological change and the required technical expertise, the Commission should draw up a list of high-risk AI systems through a delegated act, in respect of which the European Parliament may raise its objections; believes that the Commission should closely cooperate with a newly formed standing committee similar to the existing Standing Committee on Precursors or the Technical Committee on Motor Vehicles, which include national experts of the Member States and stakeholders; considers that the balanced membership of the ‘High-Level Expert Group on Artificial Intelligence’ could serve as an example for the formation of the group of stakeholders;
Amendment 119 #
2020/2014(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that the proposed Regulation should set the limitation period and, in line with strict liability systems of the Member States, the proposed Regulation should only cover harm to the important legally protected rights such as life, health, physical integrity and property, and should set out the amounts and extent of in this context the Commission should examine whether the scompensation as well as the limitation period should be extended to include economic damage;
Amendment 137 #
2020/2014(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is of the opinion that, based on the significant potential to cause harm and by taking Directive 2009/103/EC7 into account, all deployers of high-risk AI- systems listed in the Annex to the proposed Regulation should hold liability insurance; considers that such a mandatory insurance regime for high-risk AI-systems should cover the amounts and the extent of compensation laid down by the proposed Regulation; _________________ 7 OJ L 263, 7.10.2009, p. 11.
Amendment 150 #
2020/2014(INL)
Motion for a resolution
Annex I – part A – paragraph 1 – indent 3
Annex I – part A – paragraph 1 – indent 3
- There should be no over-regulation and more red tape must be prevented, as this would hamper European innovation in AI, especially if the technology, product or service is developed by SMEs or start- ups.
Amendment 156 #
2020/2014(INL)
Motion for a resolution
Annex I – part A – paragraph 1 – indent 5
Annex I – part A – paragraph 1 – indent 5
- This Report and the Product Liability Directive are two pillars of a common liability framework for AI- systems and require close coordination and alignment between all political actors.
Amendment 158 #
2020/2014(INL)
Motion for a resolution
Annex I – part A – paragraph 1 – indent 6
Annex I – part A – paragraph 1 – indent 6
- Citizens need to be entitled to the same level of protection and rights, no matter if the harm is caused by an AI- system or not, or if it takes place physically or virtually so that their confidence in this new technology is strengthened.
Amendment 192 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 7
Annex I – part B – recital 7
(7) Council Directive 85/374/EEC3 (the Product Liability Directive) has proven to be an effective means of getting compensation for damage triggered by a defective product. Hence, it shouldowever, so that it can also be used with regard to civil liability claims of a party who suffers harm or damage against the producer of a defective AI- system. In line with the better regulation principles of the Union, any necessary, legislative adjustments should be discussed during a review of that Directive are necessary. The existing fault-based liability law of the Member States also offers in most cases a sufficient level of protection for persons that suffer harm or damages caused by an interfering third person, as that interference regularly constitutes a fault-based action. Consequently, this Regulation should focus on claims against the deployer of an AI- system. _________________ 3 Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, OJ L 210, 7.8.1985, p. 29.
Amendment 212 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 12
Annex I – part B – recital 12
(12) All AI-systems with a high risk should be listed in an Annex to this Regulation. Given the rapid technical and market developments as well as the technical expertise which is required for an adequate review of AI-systems, tThe power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission tso amend this Regulation in respecthat it can draw up a list of the types of AI-systems that pose a high risk and the critical sectors where they are used. Based on the definitions and provisions laid down in this Regulation, the Commission should review the Annex every six months and, if necessary, amend it by means of delegated acts. To give businesses enough planning and investment security, subsequent changes to the critical sectors should only be made every 12 months. Developers are called upon to notify the Commission if they are currently working on a new technology, product or service that falls under one of the existing critical sectors provided for in the Annex and which later could qualify for a high risk AI-system.
Amendment 225 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 14
Annex I – part B – recital 14
(14) In line with strict liability systems of the Member States, this Regulation should cover only harm or damage to life, health, physical integrity and property. For the same reason, it should determine the amount and extent of compensation, as well as the limitation period for bringing forward liability claims. In contrast to the Product Liability Directive, this Regulation should set out a significantly lower ceiling for compensation, as it only refers to a single operation of an AI-system, while the former refers to a number of products or even a product line with the same defect.
Amendment 245 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 20
Annex I – part B – recital 20
(20) Despite missing historical claim data, there are already insurance products that are developed area-by-area and cover- by-cover as technology develops. Many insurers specialise in certain market segments (e.g. SMEs) or in providing cover for certain product types (e.g. electrical goods), which means that there will usually be an insurance product available for the insured. If a new type of insurance is needed, the insurance market will develop and offer a fitting solution and thus, will close the insurance gap. In exceptional cases, in which the compensation significantly exceeds the maximum amounts set out in this Regulation, Member States should be encouraged to set up a special compensation fund for a limited period of time that addresses the specific needs of those cases.
Amendment 270 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 3 – point a
Annex I – part B – Article 3 – point a
(a) ‘AI-system’ means a system that displays intelligent behaviour by analysing certain input and taking action, with some degree of autonomy, to achieve specific goals.artificial intelligence’ means a system that includes methods and procedures that enable technical systems to perceive their environment, process what is perceived and solve problems independently, make decisions, act and learn from the consequences of those decisions and actions; AI-systems can be purely software-based, acting in the virtual world, or can be embedded in hardware devices;
Amendment 278 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 3 – point c
Annex I – part B – Article 3 – point c
(c) ‘high risk’ means a significant potential in an autonomously operating AI- system to cause significant harm or damage to one or more persons in a manner that is random and impossible to predict in advance; the significance of the potential depends on the interplay between the severity of possible harm or damage, the likelihood that the risk materializes and the manner in which the AI-system is being used;
Amendment 280 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 3 – point d
Annex I – part B – Article 3 – point d
(d) ‘deployer’ means theany natural or legal person who decides on the specific use of the AI-system, exercises control over the associated risk and benefits from its operation;
Amendment 297 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 3 – point g a (new)
Annex I – part B – Article 3 – point g a (new)
(ga) ‘force majeure’ means, in accordance with national rules, exceptional and unforeseeable circumstances beyond the control of the deployer, the consequences of which could not have been avoided even if all due care had been exercised.
Amendment 306 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 2 – introductory part
Annex I – part B – Article 4 – paragraph 2 – introductory part
2. The Commission shall be tasked with drawing up a list of high-risk AI- systems as well as the critical sectors where they are used shall be listed in the Annex to this Regulation. The Commission is empowered to adopt delegated acts in accordance with Article 13, to amend the exhaustive list in the Annex, by:, by means of delegated acts in accordance with Article 13.
Amendment 308 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 2 – point a
Annex I – part B – Article 4 – paragraph 2 – point a
Amendment 311 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 2 – point b
Annex I – part B – Article 4 – paragraph 2 – point b
Amendment 314 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 2 – point c
Annex I – part B – Article 4 – paragraph 2 – point c
Amendment 317 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 2 – subparagraph 2
Annex I – part B – Article 4 – paragraph 2 – subparagraph 2
Amendment 327 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 4
Annex I – part B – Article 4 – paragraph 4
4. The deployer of a high-risk AI- system shall ensure they have liability insurance cover that is adequate in relation to the amounts and extent of compensation provided for in Article 5 and 6 of this Regulation. If compulsory insurance regimes already in force pursuant to other Union or national law are considered to cover the operation of the AI-system, the obligation to take out insurance for the AI- system pursuant to this Regulation shall be deemed fulfilled, as long as the relevant existing compulsory insurance covers the amounts and the extent of compensation provided for in Articles 5 and 6 of this Regulation.
Amendment 337 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 5 – paragraph 1 – introductory part
Annex I – part B – Article 5 – paragraph 1 – introductory part
1. AThe level of compensation to be paid by a deployer of a high-risk AI- system that has been held liable for harm or damage under this Regulation shall compensate:be determined in accordance with the relevant national provisions.
Amendment 342 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 5 – paragraph 1 – point a
Annex I – part B – Article 5 – paragraph 1 – point a
Amendment 347 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 5 – paragraph 1 – point b
Annex I – part B – Article 5 – paragraph 1 – point b
Amendment 352 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 5 – paragraph 1 – point 2
Annex I – part B – Article 5 – paragraph 1 – point 2
Amendment 357 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 6
Annex I – part B – Article 6
Amendment 424 #
2020/2014(INL)
By 1 January 202X [5 years after the date of application of this Regulation], and every three years thereafter, the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a detailed report reviewing this Regulation in the light of the further development of Artificial Intelligence. In the context of this report, the Commission shall examine, inter alia, whether the scope of this Regulation should be extended to include economic damage.
Amendment 429 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Annex
Annex I – part B – Annex
Amendment 6 #
2020/2012(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the importance of an EU regulatory framework of ethical aspects of artificial intelligence , robotics and related technologies being applicable where consumers within the Union are users of or subject to an algorithmic system, irrespective of the place of establishment of the entities that develop, sell or employ the system in order to bring legal certainty to business and citizens alike;
Amendment 14 #
2020/2012(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that an EU regulatory framework of AI shall have a human- centric approach and lead to development of systems which incorporate European ethical values by-design; considers that an EU regulatory framework that focuses on European values would be an added value providing Europe with a unique competitive advantage and make a significant contribution to the well-being and prosperity of European citizens and businesses, and boost our internal market;
Amendment 28 #
2020/2012(INL)
Motion for a resolution
Recital E
Recital E
E. whereas such questions should be addressed through a comprehensive and future-proof legal framework reflecting the Union’s principles and values as enshrined in the Treaties and the Charter of Fundamental Rights that would bring legal certainty to businesses and citizens alike and at the same time refraining from over-regulation by only closing existing legal loopholes;
Amendment 34 #
2020/2012(INL)
Motion for a resolution
Recital F
Recital F
F. whereas for the scope of that framework to be adequate it should cover a wide range of technologies and their components, including algorithms, software and data used or produced by them, but it should be borne in mind that, due to these technologies, this regulation should only be used in addition to the existing sector-specific legislation;
Amendment 56 #
2020/2012(INL)
Motion for a resolution
Recital K
Recital K
K. whereas each Member State should establish a national supervisory authority responsible for ensuring, assessing and monitoring compliance, and for enabling discussion and exchange of points of view in close cooperation with the concerned stakeholders and the civil society and national supervisory authorities should cooperate with each other;
Amendment 57 #
2020/2012(INL)
Motion for a resolution
Recital L
Recital L
Amendment 58 #
2020/2012(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls the importance of ensuring the availability of effective remedies for consumers and calls on the Member States and national market surveillance authorities to ensure that accessible, affordable, independent and effective procedures and review structures are available to guarantee an impartial human review of all claims of violations of consumer rights through the use of algorithmic systems, whether stemming from public or private sector actors;
Amendment 67 #
2020/2012(INL)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that an examination of the current EU legal framework, including the consumer law acquis, data protection legislation, product liability legislation, product safety and market surveillance legislation, is needed to check that it is able to respond to the emergence of AI and automated decision-making and that it is able to provide a high level of consumer protection;
Amendment 85 #
2020/2012(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Underlines the importance of ensuring that the interests of marginalised and vulnerable consumers and groupconsumers in vulnerable situations are adequately taken into account and represented in any future regulatory framework; notes that for the purpose of analysing the impacts of algorithmic systems on consumers, access to non-personal data shcould be extended to appropriate parties notably independent researchers, media and civil society organisations, while fully respecting Union data protection and privacy law; recalls the importance of training and giving basic skills to consumers to deal with algorithmic systems in order to protect them from potential risks and detriment of their rights;
Amendment 104 #
2020/2012(INL)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls for the Union to establish a European market surveillance structure for algorithmic systemcomposed of national market surveillance authorities issuing guidance, opinions and expertise to Member States’ authorities;
Amendment 110 #
2020/2012(INL)
Draft opinion
Paragraph 11
Paragraph 11
11. Notes that it is essential for the software documentation, the algorithms and data sets used to be fully accessiexplainable to market surveillance authorities, while respecting Union law; invites the Commission to assess if additional prerogatives should be given to market surveillance authorities in this respect;
Amendment 122 #
2020/2012(INL)
Draft opinion
Paragraph 13
Paragraph 13
13. Calls for the establishment of a European market surveillance board for algorithmic systems, to ensure a level playing field and to avoid fragmentation of the internal market, to decide with a qualified majority and by secret vote in case of different decisions on algorithmic systems used in more than one Member State, as well as at the request of the majority of the national authorities;
Amendment 200 #
2020/2012(INL)
Motion for a resolution
Subheading 11
Subheading 11
Amendment 204 #
2020/2012(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 210 #
2020/2012(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 223 #
2020/2012(INL)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 232 #
2020/2012(INL)
Motion for a resolution
Subheading 12
Subheading 12
Amendment 234 #
2020/2012(INL)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 252 #
2020/2012(INL)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 259 #
2020/2012(INL)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Concludes, following the above reflections on aspects related to the ethical dimension of artificial intelligence, robotics and related technologies, that the ethical dimension should be framed as a series of principles resulting in a legal framework at Union level supervised by national competent authorities, coordinated and enhanced by a European Agency for Artificial Intelligence and duly respected and certified within the internal market;
Amendment 265 #
2020/2012(INL)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Following the procedure of Article 225 of the Treaty on the Functioning of the European Union, requests the Commission to submit a proposal for a Regulation on ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies on the basis of Article 114 of the Treaty on the Functioning of the European Union and following the detailed recommendations set out in the annex hereto, and the proposal should not undermine sector-specific legislation, but only cover the legal loopholes;
Amendment 268 #
2020/2012(INL)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Recommends that the European Commission review existing Union law applicable to artificial intelligence, robotics and related technologies in order to address the rapidity of their development in line with the recommendations set out in the annex hereto, avoiding both over- regulation and administrative burdens, especially for SMEs;
Amendment 271 #
2020/2012(INL)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 282 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 2
Annex I – part A – point I – indent 2
- to support the development of artificial intelligence, robotics and related technologies in the Union, including by helping businesses and, start-ups and SMEs to assess and address regulatory requirements and risks during the development process, especially by minimising burdens and red tape;
Amendment 286 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 3
Annex I – part A – point I – indent 3
- to support deployment of artificial intelligence, robotics and related technologies in the Union by providing the appropriate regulatory framework which should apply as a complement to existing sector-specific legislation;
Amendment 294 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point II – indent 2
Annex I – part A – point II – indent 2
Amendment 324 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V
Annex I – part A – point V
Amendment 355 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – indent 4 a (new)
Annex I – part A – point VI – indent 4 a (new)
- to support regular exchanges with concerned stakeholders and civil society.
Amendment 359 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VII
Annex I – part A – point VII
VII. The key role of stakeholders should be to engage with the Commission, the European Agency for Artificial Intelligence and the “Supervisory Authority” in each Member State.
Amendment 375 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 4 a (new)
Annex I – part B – recital 4 a (new)
(4a) In addition, this Regulation should only supplement existing sector-specific legislation and not undermine it. At the same time, red tape must be reduced as far as possible and the burdens minimised, especially for SMEs.
Amendment 379 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 6
Annex I – part B – recital 6
(6) A common understanding in the Union of notions such as artificial intelligence, robotics, related technologies, algorithms and biometric recognition is required in order to allow for a harmonized regulatory approach and thus legal security for citizens and companies. . However, the specific legal definitions need to be developed in the context of this Regulation without prejudice to other definitions used in other legal acts and international jurisdictions.
Amendment 477 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 46
Annex I – part B – recital 46
Amendment 493 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point a
Annex I – part B – Article 4 – paragraph 1 – point a
(a) ‘artificial intelligence’ means software systems that, inter alia, collect, process and interpret structured or unstructured data,methods and procedures that enable technical systems to perceive their environment, process what is perceived and solve problems indentify patterns and establish models in order to reach conclusions or take actions in the physical or virtual dimension based on such concluspendently, make decisions, act and learn from the consequences of those decisions and actions;
Amendment 510 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point j
Annex I – part B – Article 4 – paragraph 1 – point j
(j) ‘deployer’ means any natural or legal person who is involved in thedecides on the practical deployment of artificial intelligence, robotics and related technologies, and has anexercises control opverating or managing function the risk and who benefits from its deployment;
Amendment 515 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point m
Annex I – part B – Article 4 – paragraph 1 – point m
(m) ‘bias’ means any prejudiced or partial personal or social perception of a person or group of persons on the basis of their personal traits;
Amendment 522 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point p
Annex I – part B – Article 4 – paragraph 1 – point p
(p) ‘governance’ means the manner of ensuring that the highestappropriate standards and the appropriate protocols of behaviour are adopted and observed by developers, deployers and users, based on a formal set of rules, procedures and values, and which allows them to deal appropriately with ethical matters as or before they arise.
Amendment 630 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 13 a (new)
Annex I – part B – Article 13 a (new)
Article 13a Guidelines The Commission is drawing up guidelines for the application of this Regulation, in particular to enable small and medium- sized enterprises to effectively comply with the requirements of Articles 9 to 13 of this Regulation while minimising administrative and other burdens.
Amendment 186 #
2020/0361(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Moreover, complex national regulatory requirements, fragmented implementation and insufficient enforcement of legislation such as Directive 2000/31/EC have contributed to high administrative costs and legal uncertainty for intermediary services operating on the internal market, especially micro, small and medium sized companies.
Amendment 233 #
2020/0361(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delay the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. _________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 237 #
2020/0361(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from selling products or services in violation of the applicable rules, online platforms allowing consumers to conclude distance contracts with tradermarketplaces should ensure that such traders are traceable. The trader should therefore be required to provide certain essential information to the online platformmarketplace, including for purposes of promoting messages on products or offering products. That requirement should also be applicable to traders that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platformmarketplaces should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary, so that it can be accessed, in accordance with the applicable law, including on the protection of personal data, by public authorities and private parties with a legitimate interest, including through the orders to provide information referred to in this Regulation.
Amendment 241 #
2020/0361(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platformmarketplaces covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platformAdditionally this information provided by the trader should be sufficiently specific and supported, where possible, by relevant elements, such as earlier checks by the trader that the products to be sold comply with product safety rules. However, the online marketplaces covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platformmarketplaces, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties. Such online platformmarketplaces should also design and organise their online interface in a way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . _________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
Amendment 291 #
2020/0361(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Consumers should be able to safely purchase products and services online, irrespective of whether a product or service has been produced in the Union. For that reason, traders from third countries should establish a legal representative in the Union to whom claims regarding product safety could be addressed. Providers of intermediary services from inside the Union as well as from third countries should ensure compliance with product requirements set out in Union law.
Amendment 346 #
2020/0361(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to achieve the objectives of this Regulation, and in particular to improve the functioning of the internal market and ensure a safe and transparent online environment, it is necessary to establish a clear and balanced set of harmonised due diligence obligations for providers of intermediary services. Those obligations should target illegal content and aim in particular to guarantee different public policy objectives such as consumer protection, the safety and trust of the recipients of the service, including minors and vulnerable users, protect the relevant fundamental rights enshrined in the Charter, to ensure meaningful accountability of those providers and to empower recipients and other affected parties, whilst facilitating the necessary oversight by competent authorities.
Amendment 358 #
2020/0361(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) Providers of intermediary services should also establish a single point of contact for recipients of services, allowing rapid, direct and efficient communication.
Amendment 392 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(h a) 'online marketplace' means an online platform which allows consumers to conclude distance contracts with traders;
Amendment 405 #
2020/0361(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. Therefore, online platforms should be required to provide for internal complaint-handling systems, which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift, non- discriminatory and fair outcomes. In addition, provision should be made for the possibility of out-of-court dispute settlement of disputes, including those that could not be resolved in satisfactory manner through the internal complaint- handling systems, by certified bodies that have the requisite independence, means and expertise to carry out their activities in a fair, swift and cost- effectivimple, affordable, expedient and accessible manner. The possibilities to contest decisions of online platforms thus created should complement, yet leave unaffected in all respects, the possibility to seek judicial redress in accordance with the laws of the Member State concerned.
Amendment 428 #
2020/0361(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delay the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. __________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 436 #
2020/0361(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from selling products or services in violation of the applicable rules, online platforms allowing consumers to conclude distance contracts with tradermarketplaces should ensure that such traders are traceable. The trader should therefore be required to provide certain essential information to the online platformmarketplace, including for purposes of promoting messages on products or offering products. That requirement should also be applicable to traders that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platforms should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary, so that it can be accessed, in accordance with the applicable law, including on the protection of personal data, by public authorities and private parties with a legitimate interest, including through the orders to provide information referred to in this Regulation.
Amendment 443 #
2020/0361(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platforms coveredmarketplaces should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platforms coveredAdditionally this information provided by the trader should be sufficiently specific and supported, where possible, by relevant elements, such as earlier checks by the trader that the products to be sold comply with product safety rules. However, the online marketplaces should not be required to engage in excessive or costly online fact- finding exercises or to carry out verifications on the spot. Nor should such online platformmarketplaces, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties. Such online platformmarketplaces should also design and organise their online interface in a way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . __________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
Amendment 479 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to civil court decisions and requirements under national criminal procedural law in conformity with Union law.
Amendment 511 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to civil court decisions and requirements under national criminal procedural law in conformity with Union law.
Amendment 614 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b – point i (new)
Article 1 – paragraph 2 – point b – point i (new)
i) facilitate innovations, support digital transition, encourage economic growth and create a level playing field for digital services within the internal market while strengthening consumer protection and contributing to increased consumer choice.
Amendment 669 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘trader’ means any natural person, or any legal person irrespective of whether privately or publicly owned, who is acting, including through any person acting in his or her name or on his or her behalf, for purposes relating to his or her trade, business, craft or profession;
Amendment 706 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) “online marketplace” means an online platform which allows consumers to conclude distance contracts with other traders or consumers;
Amendment 751 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Online marketplaces shall publish the information on traders suspended pursuant to paragraph 1 gathered in accordance with Article 22, paragraph 1, letter a in the database as referred to in Article 15 para. 4. When the suspension expires, the data should be deleted from that database.
Amendment 769 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where an online platform becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all relevant information available.
Amendment 779 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. WThere an online platform allows consumers to conclude distance contracts with traders, itmarketplace shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtainmarketplace has obtained and checked the following information:
Amendment 787 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platformmarketplace shall, upon receiving that information, make reasonable efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources. The online marketplaces should require that traders promptly inform them of any changes to the information referred in points (a), (d), (e) and (f) and ensure that the information provided are up to date and accurate.
Amendment 789 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 – introductory part
Article 22 – paragraph 3 – introductory part
3. Where the online platformmarketplace obtains indications that information under paragraph 1 letter (f) is inaccurate it shall remove the product or service directly from their online platform and if any other any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
Amendment 793 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
Where the trader fails to correct or complete that information, the online platformmarketplace shall suspend the provision of its service to the trader until the request is complied with.
Amendment 800 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The online platformmaketplace shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. They shall subsequently delete the information.
Amendment 803 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Without prejudice to paragraph 2, the platformmaketplace shall only disclose the information to third parties where so required in accordance with the applicable law, including the orders referred to in Article 9 and any orders issued by Member States’ competent authorities or the Commission for the performance of their tasks under this Regulation.
Amendment 806 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The online platformmarketplace shall make the information referred to in points (a), (d), (e) and (f) of paragraph 1 available to the recipients of the service, in a clear, easily accessible and comprehensible manner.
Amendment 809 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. The online platformmarketplace shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law.
Amendment 811 #
2020/0361(COD)
Article 22a Additional obligations of online marketplaces 1. Where an online marketplace becomes aware of the illegal nature of a product or service offered by a trader on its interface it shall (a) immediately remove the illegal product or service from its interface and inform the authorities about that; (b) maintain an internal database of content removed and/or recipients suspended pursuant to Article 20 to be used by internal content moderation systems tackling the identified risks; (c) where the online marketplace has the contact details of the recipients of its services, inform such recipients of the service that have purchased said product or service during the past twelve months about the illegality, the identity of the trader and options for seeking redress; (d) shall compile and make publicly available through application programming interfaces a repository containing information about illegal products and services removed from its platform in the past six months along with information about the concerned trader and options for seeking redress.
Amendment 851 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to civil court decisions and requirements under national criminal procedural law in conformity with Union law.
Amendment 886 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to civil court decisions and requirements under national criminal procedural law in conformity with Union law.
Amendment 893 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point d a (new)
Article 27 – paragraph 1 – point d a (new)
(da) in case of very large online marketplaces taking into account the information on repeat infringers as referred to in Article 20 paragraph 1a, when starting a contractual relationship with a trader;
Amendment 908 #
2020/0361(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Point of contact for recipients of a service 1. Providers of intermediary services shall establish a single point of contact allowing for direct communication, by electronic means, with the recipients of their services. The means of communication shall be user-friendly and easily accessible. 2. Providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact for recipients.
Amendment 925 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including information about algorithmic decision-making and human review. ItProviders of intermediary services shall also include information on the right to terminate the use of the service. The possibility to terminate must be easily accessible for the user. Information on remedies and redress mechanisms shall also be included in the terms and conditions. The terms and conditions shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format.
Amendment 950 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Obligations pursuant to paragraph 1 and 2 should not oblige a provider of an intermediary service to disclose information that will lead to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets or intellectual property rights.
Amendment 1325 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Online marketplaces shall publish the information on traders suspended pursuant to paragraph 1 gathered in accordance with Article 22 (1) (a) in the database as referred to in Article 15 para. 4. When the suspension expires, the data shall be deleted from that database.
Amendment 1356 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where an online platform becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all relevant information available.
Amendment 1372 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. WThere an online platform allows consumers to conclude distance contracts with traders, itmarketplace shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtainmarketplace has obtained and checked the following information:
Amendment 1391 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point f
Article 22 – paragraph 1 – point f
(f) a self-certification by the trader committing to only offer products or services that comply with the applicable rules of Union law and where applicable confirming that all products have been checked against the Union Rapid Alert System for dangerous non-food products (Rapex).
Amendment 1403 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platformmarketplaces shall, upon receiving that information, make reasonable efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database, like RAPEX, or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources. The online marketplaces shall require that traders promptly inform them of any changes to the information referred in points (a), (d), (e) and (f) and ensure that the information provided are up to date and accurate.
Amendment 1404 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, make reasonable efforts to assess whether the information referred to in points (a), (d) (e) and (ef) of paragraph 1 is reliable through the use of any freely accessible official online database, like the Rapex system or online interfaces made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources. The online platform shall require that traders promptly inform them of any changes to the information referred to in points (a), (d), (e) and (f) and regularly repeat this verification process.
Amendment 1412 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
Where the online platformmarketplace obtains indications that anyinformation under paragraph 1 letter (f) is inaccurate it shall remove the product or service directly from their online platform and if any other item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
Amendment 1413 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
Where the online platform obtains indications that anyinformation under paragraph 1, letter (f) is inaccurate it shall remove the product or service directly from their online platform and if any other item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
Amendment 1422 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2
Article 22 – paragraph 3 – subparagraph 2
Where the trader fails to correct or complete that information, the online platformmarketplace shall suspend the provision of its service to the trader until the request is complied with.
Amendment 1437 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The online platformmarketplace shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. They shall subsequently delete the information.
Amendment 1440 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Without prejudice to paragraph 2, the platformmarketplace shall only disclose the information to third parties where so required in accordance with the applicable law, including the orders referred to in Article 9 and any orders issued by Member States’ competent authorities or the Commission for the performance of their tasks under this Regulation.
Amendment 1444 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The online platformmarketplace shall make the information referred to in points (a), (d), (e) and (f) of paragraph 1 available to the recipients of the service, in a clear, easily accessible and comprehensible manner.
Amendment 1451 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. The online platformmarketplace shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law.
Amendment 1459 #
2020/0361(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a Obligation to inform consumers and authorities about illegal products and services 1. Where an online platform allows consumers to conclude distance contracts with traders, it shall be subject to additional information obligations for consumers. Where the online platform becomes aware of the illegal nature of a product or services offered by a trader on its interface it shall: (a) immediately remove the illegal product from its interface and inform relevant authorities about it; (b) maintain an internal database of content removed and/or recipients suspended pursuant to Article 20 to be used by internal content moderation systems tackling the identified risks; (c) where the online platform has the contact details of the recipients of its services, inform such recipients of the service that have purchased said product or service during the past twelve months about the illegality, the identity of the trader and options for seeking redress; (d) compile and make publicly available through application programming interfaces a repository containing information about illegal products and services removed from its platform in the past six months along with information about the concerned trader and options for seeking redress.
Amendment 1460 #
2020/0361(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a Additional obligations of online marketplaces 1. Where an online marketplace becomes aware of the illegal nature of a product or service offered by a trader on its interface it shall: (a) immediately remove the illegal product from its interface and inform the authorities about that; (b) maintain an internal database of content removed and/or recipients suspended pursuant to Article 20 to be used by internal content moderation systems tackling the identified risks; (c) where the online marketplace has the contact details of the recipients of its services, inform such recipients of the service that have purchased said product or service during the past twelve months about the illegality, the identity of the trader and options for seeking redress; (d) compile and make publicly available through application programming interfaces a repository containing information about illegal products and services removed from its platform in the past six months along with information about the concerned trader and options for seeking redress.
Amendment 1619 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point d a (new)
Article 27 – paragraph 1 – point d a (new)
(da) in case of very large online marketplaces taking into account the information on repeat infringers as referred to in Article 20 paragraph 1a, when starting a contractual relationship with a trader;
Amendment 1853 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested partierelevant stakeholders, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
Amendment 2089 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point e
Article 49 – paragraph 1 – point e
(e) support and promote the development and implementation of European standards, guidelines, reports, templates and code of conducts in close collaboration with relevant stakeholders as provided for in this Regulation, as well as the identification of emerging issues, with regard to matters covered by this Regulation.
Amendment 129 #
2020/0353(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) Interoperability of chargers within specific categories of products could reduce unnecessary waste and costs for the benefit of consumers and other end- users. It should be possible therefore to recharge batteries for products such as electric vehicles, light means of transport, IT,telecommunications and consumer equipment, such as mobile phones and tablets, printers and laptops, as well as electric or electronic tools such as gardening tools or power drills, by making use of common chargers that allow interoperability within each category of products. A common charger specifically for small and medium sized electronic devices, like mobile phones and tablets, should be introduced at an earlier stage as per revision of the Directive 2014/53/EU on the harmonization of the laws of the Member States relating to the making available on the market of radio equipment.
Amendment 283 #
2020/0353(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Common chargers From 1 January 2026, rechargeable batteries designed for electric vehicles and light means of transport, as well as rechargeable batteries incorporated into specific categories of electrical and electronic equipment covered by Directive 2012/19/EU, shall be charged by making use of common chargers. The Commission is empowered to adopt, no later than by 31 December 2024, a delegated act in accordance with Article 73 determining the categories of products and equipment to which this Article shall apply. When adopting the delegated act referred to in paragraph 2, the Commission shall take into account the size of the market, the reduction of waste, and the reduction of costs for consumers and other end- users.
Amendment 56 #
2020/0340(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Action at Union level is necessary in order to address the barriers to a well- functioning data-driven economy and to create a Union-wide governance framework. A Union-wide governance framework should be built in a way as to enable individuals, businesses - especially SMEs and start- ups - as well as civil society actors to thrive, ensuring trust, transparency, interoperability, access, portability, security of data, and a level-playing field for all actors, with a view to enhancing the flow and re-use of non-personal and personal data that is fully compliant with the relevant instruments of EU and national law. It should allow for data access and use, in particular regarding the re-use of certain types of data held by the public sector, the provision of services by data sharingintermediation providers to business users and to data subjects, as well as the collection and processing of data made available for altruistic purposes by natural and legal persons.
Amendment 59 #
2020/0340(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The Commission’s consultation of 9 October 2019 entitled ‘SME panel consultation on B2B Data Sharing Principles and Guidance’ found that 40% of SMEs struggle to access the data they need to develop data-driven products and services underscoring the need to lower the barriers to a data-driven economy, in particular for SMEs. The Digital Europe Programme, as well as other Union and national programmes, should support cooperation to achieve a European ecosystem for trusted data sharing. European Digital Innovation Hubs and their network should also be able to help businesses, in particular SMEs and start- ups to reap the benefits from the European data economy.
Amendment 63 #
2020/0340(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) There are techniques enabling privacy-friendly analyses on databases that contain personal data, such as anonymisation, pseudonymisation, differential privacy, generalisation, or suppression and randomisation or other methods that effectively prevent the identification of data subjects. Application of these privacy-enhancing technologies, together with comprehensive data protection approaches compliant with the rules on data processing should ensure the safe re-use of personal data and commercially confidential business data for research, innovation and statistical purposes. In many cases this implies that the data use and re-use in this context can only be done in a secure processing environment set in place and supervised by the public sector. There is experience at Union level with such secure processing environments that are used for research on statistical microdata on the basis of Commission Regulation (EU) 557/2013 (39 ). In general, insofar as personal data are concerned, the processing of personal data should rely upon one or more of the grounds for processing provided in Article 6 of Regulation (EU) 2016/679. _________________ 39Commission Regulation (EU) 557/2013 of 17 June 2013 implementing Regulation (EC) No 223/2009 of the European Parliament and of the Council on European Statistics as regards access to confidential data for scientific purposes and repealing Commission Regulation (EC) No 831/2002 (OJ L 164, 18.6.2013, p. 16).
Amendment 72 #
2020/0340(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be non-discriminatory, transparent, proportionate and objectively justified, while not restricting competitionfostering competition, with a specific focus on promoting access to such data for SMEs, start-ups and civil society actors and promoting innovation and scientific research. In particular, public sector bodies allowing re- use should have in place the technical means necessary to ensure the protection of rights and interests of third parties and should be empowered to request the necessary information from the re-user. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effortburden for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Where provision of anonymised or modified data would not respond to the needs of the re-user, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body cshould make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. Public sector bodies should focus in particular on seeking to ensure that SMEs, start-ups and civil society actors are able to compete fairly. No contact information should be given that allows re- users to contact data subjects or companies directly.
Amendment 110 #
2020/0340(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To promote trust and bring additional legal certainty and user- friendliness to granting and withdrawing of consent, in particular in the context of scientific research and statistical use of data made available on an altruistic basis, a European data altruism consent form should be developed and used in the context of altruistic data sharing. Such a form should contribute to additional transparency for data subjects that their data will be accessed and used in accordance with their consent and also in full compliance with the data protection rules. It could also be used to streamline data altruism performed by companies and provide a mechanism allowing such companies to withdraw their permission to use the data. In order to take into account the specificities of individual sectors, including from a data protection perspective, there should be a possibility for sectoral adjustments of the European data altruism consent form.
Amendment 139 #
2020/0340(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) There are techniques enabling privacy-friendly analyses on databases that contain personal data, such as anonymisation, pseudonymisation, differential privacy, generalisation, oruse of synthetic data, suppression and, randomisation or other state-of-the-art privacy preserving methods. Application of these privacy-enhancing technologies, together with comprehensive data protection approaches should ensure the safe re-use of personal data and commercially confidential business data for research, innovation and statistical purposes. In many cases this implies that the data use and re-use in this context can only be done in a secure processing environment set in place and supervised by the public sector. There is experience at Union level with such secure processing environments that are used for research on statistical microdata on the basis of Commission Regulation (EU) 557/2013 (39 ). In general, insofar as personal data are concerned, the processing of personal data should rely upon one or more of the grounds for processing provided in Article 6 of Regulation (EU) 2016/679. _________________ 39Commission Regulation (EU) 557/2013 of 17 June 2013 implementing Regulation (EC) No 223/2009 of the European Parliament and of the Council on European Statistics as regards access to confidential data for scientific purposes and repealing Commission Regulation (EC) No 831/2002 (OJ L 164, 18.6.2013, p. 16).
Amendment 139 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Conditions for re-use shall be non- discriminatory, transparent, proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. These conditions shall not be used to restrict competition, including by being constructed in a way that poses restrictions for SMEs, start-ups or civil society actors to participate in the data economy.
Amendment 151 #
2020/0340(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be non-discriminatory, proportionate and objectively justified, while not restricting competition. In particular, public sector bodies allowing re- use should have in place the technical means necessary to ensure the protection of rights and interests of third parties and be empowered to request the necessary information from the re-user. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effort for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Where provision of anonymised or modified data would not respond to the needs of the re-user, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact information should be given that allows re-users to contact data subjects or companies directly.
Amendment 155 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
(6) Where the re-use of data cannot be granted in accordance with the obligations laid down in paragraphs 3 to 5 and there is no other legal basis for transmitting the data under Regulation (EU) 2016/679, the public sector body shall support re-users in seeking consent of the data subjects and/or permission from the legal entities whose rights and interests may be affected by such re-use, where it is feasible without disproportionate cost for the public sector. To this end, the public sector bodies shall be equipped with the necessary human and financial resources to carry out their duties in an effective and efficient way. In that task they may be assisted by the competent bodies referred to in Article 7 (1).
Amendment 162 #
2020/0340(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Furthermore, it isn order to preserve fair competition and an open market economy it is of utmost importantce to protect commercially sensitive data of non- personal nature, notably trade secrets, but also non-personal data representing content protected by intellectual property rights from unlawful access that may lead to IP theft or industrial espionage. In order to ensure the protection of fundamental rights or interests of data holders, non-personal data which is to be protected from unlawful or unauthorised access under Union or national law, and which is held by public sector bodies, should be transferred only to third-countries where appropriate safeguards for the use of data are provided. Such appropriate safeguards should be considered to exist when in that third- country there are equivalent measures in place which ensure that non-personal data benefits from a level of protection similar to that applicable by means of Union or national law in particular as regards the protection of trade secrets and the protection of intellectual property rights. To that end, the Commission may adopt implementingdelegated acts that declare that a third country provides a level of protection that is essentially equivalent to those provided by Union or national law. The assessment of the level of protection afforded in such third-country should, in particular, take into consideration the relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law concerning the access to and protection of non-personal data, any access by the public authorities of that third country to the data transferred, the existence and effective functioning of one or more independent supervisory authorities in the third country with responsibility for ensuring and enforcing compliance with the legal regime ensuring access to such data, or the third countries’ international commitments regarding the protection of data the third country concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional systems. The existence of effective legal remedies for data holders, public sector bodies or data sharing providers in the third country concerned is of particular importance in the context of the transfer of non-personal data to that third country. Such safeguards should therefore include the availability of enforceable rights and of effective legal remedies.
Amendment 167 #
2020/0340(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In cases where there is no implementingdelegated act adopted by the Commission in relation to a third country declaring that it provides a level of protection, in particular as regards the protection of commercially sensitive data and the protection of intellectual property rights, which is essentially equivalent to that provided by Union or national law, the public sector body should only transmit protected data to a re-user, if the re-user undertakes obligations in the interest of the protection of the data. The re-user that intends to transfer the data to such third country should commit to comply with the obligations laid out in this Regulation even after the data has been transferred to the third country. To ensure the proper enforcement of such obligations, the re- user should also accept the jurisdiction of the Member State of the public sector body that allowed the re-use for the judicial settlement of disputes.
Amendment 172 #
2020/0340(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to prevent unlawful access to non-personal data, public sector bodies, natural or legal persons to which the right to re-use data was granted, data sharing providers and entities entered in the register of recognised data altruism organisations should take all reasonable measures to prevent access to the systems where non-personal data is stored, including encryption of data, cybersecurity measures or corporate policies.
Amendment 178 #
2020/0340(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non- personal data that have been identified as highly sensitive, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. Other relevant sectors could be transport, energy, environment, telecommunications and finance. In order to ensure harmonised practices across the Union, such types of highly sensitive non-personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be proportionate, non- discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, the environment, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest.
Amendment 178 #
2020/0340(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
(4) The competent body or bodies shall have adequate legal and technical capacities and expertise to be able to comply with relevant Union or national law concerning the access regimes for the categories of data referred to in Article 3 (1). The competent body or bodies should be equipped with the necessary human and financial resources to carry out their duties in an effective and efficient way.
Amendment 249 #
2020/0340(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics). The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board. A data innovation advisory council should be established as a sub-group of the Board consisting of relevant representatives from industry, research, standardisation organisations and other relevant stakeholders. That council should support the work of the Board by providing advice relating to the exchange of data, and in particular on how to best protect commercially sensitive data of non-personal nature, notably trade secrets, but also non-personal data representing content protected by intellectual property rights from unlawful access that may lead to IP theft or industrial espionage.
Amendment 252 #
2020/0340(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics) as well as representatives of academia, research and standard setting organisations, where relevant. The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board.
Amendment 255 #
2020/0340(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, energy, industrial manufacturing, agriculture, transport and statistics). The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board.
Amendment 262 #
2020/0340(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The Board should support the Commission in coordinating national practices and policies on the topics covered by this Regulation, and in supporting cross- sector data use by adhering to the European Interoperability Framework (EIF) principles and through the utilisation of European and international standards and specifications (such asincluding through the EU Multi-Stakeholder Platform for ICT Standardisation, the Core Vocabularies44 and the CEF Building Blocks45 ), without prejudice to standardisation work taking place in specific sectors or domains. Work on technical standardisation may include the identification of priorities for the development of standards and establishing and maintaining a set of technical and legal standards for transmitting data between two processing environments that allows data spaces to be organised without making recourse to an intermediary. The Board should cooperate with the Data Innovation Advisory Council, sectoral bodies, networks or expert groups, or other cross- sectoral organisations dealing with re-use of data. Regarding data altruism, the Board should assist the Commission in the development of the data altruism consent form, in consultation with the European Data Protection Board. _________________ 44 https://joinup.ec.europa.eu/collection/sema ntic-interoperability-community- semic/core-vocabularies 45 https://joinup.ec.europa.eu/collection/conn ecting-europe-facility-cef
Amendment 284 #
2020/0340(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(2 a) This Regulation is without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council, to Directive 2002/58/EC of the European Parliament and of the Council and Directive (EU) 2016/680 of the European Parliament and of the Council1a. This Regulation should in particular not be read as creating a new legal basis for the processing of personal data for any of the regulated activities. Its implementation should not prevent cross- border transfers of data in accordance with Chapter V of Regulation (EU) 2016/679 from taking place. _________________ 1aDirective (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. (OJ L 119, 4.5.2016, p. 89)
Amendment 326 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘data altruism’ means the consentvoluntary sharing of data by data subjects to process personal data pertaining to them, or permissions of other data holders to allow the use of their non- personal data without seeking or receiving a reward, for purposes of general interest, such as scientific research purposes, policy making or improving public services;
Amendment 336 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘secure processing environment’ means the physical or virtual environment and organisational means to provide the opportunity to re-use data in a manner ensuring compliance with applicable legislation that allows for the operator of the secure processing environment to determine and supervise all data processing actions, including to display, storage, download, export of the data and calculation of derivative data through computational algorithms.
Amendment 379 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point a
Article 5 – paragraph 4 – point a
(a) to access and re-use the data within a secure processing environment provided andor controlled by the public sector ;
Amendment 385 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
(5) The public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used. The public sector body shall be able to verify any results of processing of data undertaken by the re- user and reserve the right, after giving the re-user the possibility to provide further information, to prohibit the use of results that contain information jeopardising the rights and interests of third parties.
Amendment 399 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 9 – introductory part
Article 5 – paragraph 9 – introductory part
(9) The Commission may adopt implementingdelegated acts declaring that the legal, supervisory and enforcement arrangements of a third country:
Amendment 402 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 9 – subparagraph 1
Article 5 – paragraph 9 – subparagraph 1
Those implementingdelegated acts shall be adopted in accordance with the advisory procedure referred to in Article 29 (2)8.
Amendment 440 #
2020/0340(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) providing technical support in the application of tested techniques ensuring data processing in a manner that preserves privacy of the information contained in the data for which re-use is allowed, including techniques for pseudonymisation, anonymisation, generalisation, suppression and, randomisation of personal data or other state-of-the-art privacy preserving methods;
Amendment 446 #
2020/0340(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
(5) The Member States shall make public and communicate to the Commission the identity of the competent bodies designated pursuant to paragraph 1 by [date of application of this Regulation]. They shall also make public and communicate to the Commission any subsequent modification of the identity of those bodies.
Amendment 451 #
2020/0340(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
(2 a) The single information point may establish a separate, simplified and well- documented information channel for small and medium-sized enterprises (SMEs), addressing their needs and capabilities in requesting the re-use of the categories of data referred to in Article 3 (1).
Amendment 454 #
2020/0340(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) Requests for the re-use of the categories of data referred to in Article 3 (1) shall be granted or refused by the competent public sector bodies or the competent bodies referred to in Article 7 (1) within a reasonable time, and in any case within two months from the date of the request. In order to contribute to a consistent application of this Regulation the competent public sector bodies shall cooperate with each other, and where relevant with the Commission, when refusing requests for re-use of the categories of data referred to in Article 3 (1).
Amendment 459 #
2020/0340(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) intermediation services between data subjects that seek to make their personal data available and potential data users, including making available the technical or other means to enable such services, in the exercise of the rights provided in Regulation (EU) 2016/679, in particular managing the data subjects’ consent to data processing;
Amendment 490 #
2020/0340(COD)
Proposal for a regulation
Article 10 – paragraph 9
Article 10 – paragraph 9
(9) The competent authority shall notify the Commission of each new notification without delay and the Commission shall forward each notification to the national competent authorities of the Member States by electronic means. The Commission shall keep a register of providers of data sharing services.
Amendment 497 #
2020/0340(COD)
Proposal for a regulation
Article 10 – paragraph 10
Article 10 – paragraph 10
(10) The competent authority may charge fees. Such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance and other market control activities of the competent authorities in relation to notifications of data sharing services. The competent authority may also charge discounted fees or allow free of charge notification for small and medium-sized enterprises (SMEs).
Amendment 499 #
2020/0340(COD)
Proposal for a regulation
Article 10 – paragraph 11
Article 10 – paragraph 11
(11) Where a provider of data sharing servicesdata intermediary ceases its activities, it shall notify the relevant competent authority determined pursuant to paragraphs 1, 2 and 3 within 15 days. The competent authority shall forward without delay each such notification to the Commission by electronic means. The Commission without delay shall forward each notification to the national competent authorities inof the Member States and to the Commission by electronic meansby electronic means and update the public register.
Amendment 519 #
2020/0340(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 8
Article 11 – paragraph 1 – point 8
(8) the providerdata intermediary shall take measures to ensure a high level of security, including state-of-the-art cybersecurity, for the storage and transmission of non- personal data; and the intermediary shall further ensure the highest level of security, including state-of-the-art cybersecurity, for the storage and transmission of competitively sensitive information; the data intermediary shall inform the competent authority without delay of any security breach that jeopardises the security of data.
Amendment 535 #
2020/0340(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
(3) The designated competent authorities, the data protection authorities, the national competition authorities, the authorities in charge of cybersecurity, and other relevant sectorial authorities shall exchange the information which is necessary for the exercise of their tasks in relation to data sharing providers and ensure consistency of the decisions taken in application of this directive.
Amendment 693 #
2020/0340(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point b a (new)
Article 27 – paragraph 1 – point b a (new)
(b a) to advise and assist the Commission in developing consistent guidelines on how to best protect, in the context of this Regulation, commercially sensitive data of non-personal nature, notably trade secrets, but also non- personal data representing content protected by intellectual property rights from unlawful access that may lead to IP theft or industrial espionage.
Amendment 708 #
2020/0340(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
(e) to facilitate the cooperation between national competent authorities, the Commission and other European and international bodies under this Regulation through capacity- building and the exchange of information, in particular by establishing methods for the efficient exchange of information relating to the notification procedure for data sharing service providers and the registration and monitoring of recognised data altruism organisations.
Amendment 2 #
2019/2166(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to the Directive 2012/29/EU of 25 October 2012 on establishing minimum standards on the rights, support and protection of victims of crime (the Victims‘ Rights Directive),
Amendment 39 #
2019/2166(INI)
Motion for a resolution
Recital A
Recital A
A. whereas gender equality is a fundamental value and an objective of the EUcore principle of the European Union and should be reflected in all EU policies; whereas gender-based violence is an extreme violation of human rights and a form of discrimination against women and one of the biggestmost serious obstacles to achieving gender equality; 1a _________________ 1a https://ec.europa.eu/info/policies/justice- and-fundamental-rights/gender- equality/gender-based-violence/what- gender-based-violence_en
Amendment 59 #
2019/2166(INI)
Motion for a resolution
Recital C
Recital C
C. whereas intimate partner violence refers to any act of physical, sexual, psychological or economic violence that occurs between former or current spouses or partners, whether or not the perpetrator shares or has shared a residence with the victim; whereas intimate partner violence is one of the most prevalent forms of gender-based violence, with an estimated 22 % of women having experienced physical and/or sexual violence, and 43 % having experienced psychological violence by their partner6 ; whereas women and children are disproportionately affected by this type of violence; whereas domestic violence is a serious and often long-term and hidden social problem that can causes systematic physical and/or psychological trauma with serious consequences for the victims, as the perpetrator is a person the victim should be able to trust; _________________ 6FRA report of 3 March 2014 entitled ‘Violence against women: an EU-wide survey’.
Amendment 62 #
2019/2166(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas intimate partner violence can also severely impact the emotional, economic and social well-being of the whole family, with adverse effects on parenting skills and on educational and employment outcomes;
Amendment 64 #
2019/2166(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. Whereas the rates of intimate partner violence in rural and remote communities are even greater than those in urban areas; whereas women of rural and remote areas experience higher rates of intimate partner violence and greater frequency and severity of physical, psychological and economical abuse which is intensified by the fact that they reside farther away from available resources and services where they would be able to find assistance; whereas poor understanding of domestic violence by health, social and legal services in rural and remote regions can be identified as a significant problem for survivors of intimate partner violence;
Amendment 65 #
2019/2166(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. Whereas at EU level the majority of single-parents households are single mothers who are particularly vulnerable economically, especially in the low wage categories, as well as more susceptible to leave the labour market early when becoming parents, thus disadvantaged when seeking to re-enter the labour market, and whereas in the EU, 40,3% of single parents households were at risk of poverty or social exclusion in 20191 1a ; _________________ 1a Eurostat. Statistics Explained: Children at risk of poverty or social exclusion (2020) https://ec.europa.eu/eurostat/statistics- explained/index.php?title=Household_co mposition_statistics#More_and_more_ho useholds_consisting_of_adults_living_alo ne
Amendment 66 #
2019/2166(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
C d. Whereas 30% of women who have experienced sexual victimization by a former or current partner also experienced sexual violence in childhood, and whereas 73 % of mothers who have been victims of physical and/or sexual violence by a partner indicate that at least one of their children has become aware of such violence taking place 1a; _________________ 1aFRA ”Violence against women: An EU Wide Survey” (2014) https://fra.europa.eu/sites/default/files/fra -2014-vaw-survey-at-a-glance- oct14_en.pdf
Amendment 67 #
2019/2166(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
C e. Whereas the economic violence against women, in the form of, for example, property damage, restricting access to financial resources, education or the labour market, or not complying with economic responsibilities such as alimony, deserves as well due attention, as hampering the financial independence and the family wealth going hand in hand with the other forms of violence, and resulting in an additional trap for victims; this combined with the fact that economic and social stresses are exacerbating factors leading to an increase in violence, making it more difficult for women to leave abusive partners;
Amendment 69 #
2019/2166(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the lockdown and social distancing measures during the COVID-19 pandemic have been associated with an exponential increase in the prevalence and intensity of intimate partner violence cases in many Member States, resulting from forced confinement within the home and making it difficult for women to access effective protection and support; whereas it revealed insufficient support resources and structures as well as limited access to support services for victims, whereas in spite of the prevalence of the phenomenon, intimate partner violence against women remains under-reported in the EU and there is a significant lack of comprehensive dataand comparable data; whereas the phenomenon has been aggravated due to the interruption of schooling;
Amendment 94 #
2019/2166(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, in order to address the issue of the eradication of gender-based violence, it is necessary to rely on consistent and comparable administrative data, based on a robust and coordinated framework of data collection; whereas the current available data collected by the Member States’ law enforcement and justice authorities fail to reflect the full extent of intimate partner violence, as most and its impact and long-term effect on both women and children, as for example some Member States neither collect gender- segregated comparable data on gender- based violence nor do they recognise intimate partner violence as a specific offence, which makes the grey zone representing the real prevalence and incidence of intimate partner violence significantly unquantified and unmapped;
Amendment 98 #
2019/2166(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the acts of violence remain underreported by the victims, their families, friends, acquaintances and neighbours due to general belief that intimate partner violence is a private matter, which should not be publicised. Whereas the survey by the European Union Agency for Fundamental Rights (EUFRA) indicates that there is still systematic underreporting of incidences of domestic violence in the EU or of their perpetrators: two thirds of female victims do not report to the authorities, either out of fear or a lack of information about victim’s rights, leaving their rights unprotected, general belief that intimate partner violence is a private matter, which should not be publicised 1a; _________________ 1aEuropean Union Agency for Fundamental Rights, Violence against Women: an EU-wide Survey https://fra.europa.eu/sites/default/files/fra _uploads/fra-2014-vaw-survey-main- results-apr14_en.pdf
Amendment 123 #
2019/2166(INI)
Motion for a resolution
Recital J
Recital J
J. whereas it is preferable to avoid all mediationnecessary to ensure that the safety and protection of victims is given primary consideration in family law cases, alternative dispute resolution mechanism, such as mediation, should not be used in cases ofwhere violence against women and children is present, either before or during the judicial process, where the safety of the victim needs to be the primary considerationedings, in order to avoid further harm to the victims;
Amendment 134 #
2019/2166(INI)
Motion for a resolution
Recital L
Recital L
L. whereas shared custody in situations of intimate partner violence exposes women and in consequence children to a continuum of preventable violence, by forcing them to stay in geographical proximity to their abusers, and subjecting them to further exposure to physical and psychological violence, as well as emotional abuse; whereas, in cases of intimate partner violence, the right of women and children to be protected and live a life free of physical and psychological violence should take precedence over the preference for shared custody;
Amendment 137 #
2019/2166(INI)
L a. whereas it is therefore essential to give due attention to this type of violence while deciding on separation and provisional custody arrangements; whereas the courts of the Member States should ensure a comprehensive assessment under the "best interest of the child" principal, to determine custody and visitation rights with all relevant services and psychological support;
Amendment 138 #
2019/2166(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. Whereas the victims that are not financially independent are often forced to stay with their perpetrator within the same residence to avoid financial insecurity, homelessness or poverty and this tendency was lately enhanced through the COVID-19 pandemic;
Amendment 144 #
2019/2166(INI)
Motion for a resolution
Recital M
Recital M
M. whereas intimate partner violence is inherently interlinked with violence against children and child abuse; whereas children who are exposed to domestic violence are likely to suffer negative mental and/or physical health consequences that could be acute and chronic in nature; whereas child victimisation in situations of violence against women may continue and escalate in the context of parental disputes over custody and care;
Amendment 145 #
2019/2166(INI)
Motion for a resolution
Recital N
Recital N
N. whereas growing up in a violent domestic environment has importantvery negative implications for the child’s development and subsequent behaviour as an adult; whereas exposure to violence as a child, either through experiencing maltreatment and/or witnessing partner violence, constitutes a risk factor for becoming vulnerable to victimisation or committing violence as an adult;
Amendment 151 #
2019/2166(INI)
Motion for a resolution
Recital O
Recital O
O. whereas transnational separationcross-border separation, divorce and custody proceedings are more complex in nature;
Amendment 162 #
2019/2166(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly condemns all forms of violence against women and deplores the fact that womin particular women and children continue to be exposed to intimate partner violence which constitutes a serious violation of their human rights and dignity;
Amendment 189 #
2019/2166(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that, in principle, shared custody and unsupervised visits are desirable in order to ensure that parents enjoy equal rights and responsibilities, as well as to safeguard the best interests of the child and the child right to maintain a meaningful relationship with both parents; underlines, however, that intimate partner violence is clearly incompatible with shared custody and care, owing to its severe consequences for women and children, including the risk of extreme acts of femicide and infanticide; stresses that when establishing the arrangements foron custody allocationnd access and visitation rights, the protection of women and children from violence and the best interests of the child must be paramount and should take precedence over other criteria; stresses, therefore, that awarding exclusive custody to the non-violent partner, most frequently the mother, represents the best alternative in order to prevent further violence and secondary victimisation of the victims;
Amendment 201 #
2019/2166(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for mandatory targeted training for judicial andry, legal professionals, law enforcement officers, social service workers, teachers and child carer about domestic violence and its mechanisms, including coercion, manipulation and psychological violence, and about the relevance of intimate partner violence to children’s rights, and to their protection and well-being, as well as to provide adequate skills to enable the officerbest communicate with and support the victims and enable these professionals to assess the situation using reliable risk assessment tools;
Amendment 204 #
2019/2166(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls the provisions of the victims’ rights directive, whereas women victims of gender-based violence and their children often require special support and protection because of the high risk of secondary and repeat victimisation, of intimidation and of retaliation connected with such violence; calls therefore for attention to the victim -blaming attitudes in society, including among professionals in the criminal justice system;
Amendment 212 #
2019/2166(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Strongly recommends that Member States establish specialised courts and judicial officechambers, as well as appropriate laws, training, procedures and guidelines for all professionals dealing with the victims of intimate partner violence, including raising awareness of gender-based violence, in order to avoid discrepancies between judicial decisions and discrimination or secondary victimisation during judicial, medical and police proceedings, ensuring that children and women are duly heard and their protection is given priority; emphasises the need to strengthen dedicated judicial officecourts and chambers and child and female victim- friendly justice, limiting the excessive discretionary powers of practitioners and establishing checks on child custody procedures in cases of such violence by qualified professional figures;
Amendment 236 #
2019/2166(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses that in some EU Member States, up to 30% of calls to domestic violence helplines come from witnesses; and that those are generally more likely to report intimate partner violence to the authorities if dependent children are involved1a; this highlighting the importance of awareness-raising campaigns that enable witnesses (particularly neighbours, co-workers) to spot the signs of intimate partner violence (in particular non-physical violence), and provide guidance on how to support and assist victims; _________________ 1a EIGE ”Intimate Partner Violence and Witness Intervention: What are the Deciding Factors?” (2020) https://eige.europa.eu/publications/intima te-partner-violence-and-witness- intervention-what-are-deciding-factors[2] EIGE ”Intimate Partner Violence and Witness Intervention” https://eige.europa.eu/gender-based- violence/eiges-work-gender-based- violence/intimate-partner-violence-and- witness-intervention
Amendment 246 #
2019/2166(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States, in cooperation with Eurostat, to provide quality, gender- segregated and comparable EU-wide data on the prevalence, causes, consequences and management of intimate partner violence and custody rights, making full use of the capacity and expertise of the EIGE;
Amendment 254 #
2019/2166(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission and Member States to enhance the cooperation in order to take measures that empower the victims of intimate partner violence to come forward and report the crime as in many cases the intimate partner violence remains unreported;
Amendment 288 #
2019/2166(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to promote and guarantee better access to legal protection, effective hmearings andsures such as restraining orders,; counselling and victim funds for women victims of intimate partner violence, and to apply particular procedures and give support to mothers who are victims of domestic violence, in order to prevent them from becoming victims again as a result of losing custody of their childalls on the Member States to ensure victims of intimate partner violence have access to phycological support and counselling at every stage of the legal procedurens;
Amendment 294 #
2019/2166(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on the Member States to guarantee support for mothers and their children who are victims of domestic violence by means of community, educational and financial support, such as victim funds for women victims of domestic violence, in order to ensure they have necessary skills and means to care for their children and prevent them from becoming victims of violence again or from losing the custody over their children;
Amendment 300 #
2019/2166(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on the Commission and the Member States to promote gender equality education and raising awareness on various forms of violence and gender biases and stereotypes.
Amendment 304 #
2019/2166(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Calls on the Commission to continue developing a comprehensive framework of policies, programmes and other initiatives to tackle violence against women and domestic violence; to allocate sufficient and adequate resources to actions related to the Istanbul Convention implementation through its funding programmes safeguarded in the provisions of Multiannual Financial Framework 2021-2027 and through the Daphne strand;
Amendment 313 #
2019/2166(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to promote EU-wide public awareness campaigns as a necessary measure in the prevention of domestic violence and the creation of a climate of zero tolerance towards violence; calls on the Commission to facilitate the exchange of best practices at European level on prevention, protection, combating and prosecution measures as well as exchange of best practices in their practical implementation; taking into account the specificity of the covid crisis to also focus on the impact on children;
Amendment 319 #
2019/2166(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to promote EU-wide public awareness and educational campaigns as a necessary measure in the prevention of domestic violence and the creation of a climate of zero tolerance towards violence;
Amendment 326 #
2019/2166(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Member States to implement correctly the EU Victims´ Rights Directive, so that victims of intimate partner violence get full access to a range of support services ideally across the territory of the Member State;
Amendment 334 #
2019/2166(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
Amendment 335 #
2019/2166(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. Calls on the Member States to provide access to affordable legal services and tailored services and responses to specific contexts in which the intimate partner violence occurs in rural areas; highlights the need to create networks between different services and programs in order to successfully combat the cases of domestic violence against women in rural and remote regions; calls for more community education and awareness raising as well as training and education on intimate partner violence in police and social services in rural and remote areas stressing the importance of education in informing and supporting children as well as programmes for conflict resolution, positive role models and cooperative play;
Amendment 337 #
2019/2166(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that hearing from the child is important to establish what is in the best interests of the chile importance of the child’s right to be heard whilen examining custody cases; points out nevertheless that in every case, but crucially in cases where intimate partnership violence is suspected, such hearings should be conducted in a child- friendly environment, with no pressure or influence from parents or relatives, by trained professionals, including those qualified in child neuropsychiatry, to avoid deepening the trauma and victimisation; highlights the importance of ensuring a long-term proper level of psychological, psychiatric care and social counselling for the victims and their children throughout the process of recovery after the time of abuse;
Amendment 357 #
2019/2166(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to recognise the interconnectedness of criminal, civil and other legal proceedings in order to coordinate the judicial responses to intimate partner violence and to avoidsuggests therefore to the Member States to foresee measures that link the criminal and the civil case of one family, so that discrepancies between judicial decisions that are harmful to children and women victims can be avoided;
Amendment 368 #
2019/2166(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Calls therefor the European Commission to work closely with the Member States to identify practical problems linked with alimony collection in cross-border situations and to develop tools to effectively enforce payment obligations; stresses the importance of the issue and its consequences on single parent families and the risks of poverty;